Part IAC
-
Assumed identities
History
Parts IAB, IAC and IACA substituted for Parts IAB and IAC, by No 3 of 2010, s 3 and Sch 3 item 10, effective 20 February 2010. For application and transitional provisions, see note under Part
IAB
heading. Part IAC formerly read:
Part 1AC
-
Assumed identities
Division 1
-
Definitions etc.
History
Div 1 inserted by No 136 of 2001.
SECTION 15XA Definitions etc.
(1)
In this Part:
approved officer
means an officer or foreign officer referred to in an authorisation under paragraph
15XI(2)
(c).
approved person
means a person referred to in an authorisation under subparagraph
15XI(2)
(d)(i).
authorisation
means an authorisation that is in force under section
15XG
or
15XH
.
authorisation conditions
means conditions to which an authorisation is subject under paragraph
15XI(2)
(j).
authorising person
means:
(a)
the head of a participating agency; or
(b)
a person in a participating agency, included in a prescribed class of persons, who is authorised in writing by the head of the agency.
Commonwealth agency
means:
(a)
the Commonwealth; or
(b)
an authority of the Commonwealth.
Commonwealth participating agency
means one of the following agencies:
(a)
the Australian Federal Police;
(b)
Customs;
(ba)
the Australian Commission for Law Enforcement Integrity;
(c)
the ACC;
(d)
the Australian Security Intelligence Organisation;
(e)
the Australian Secret Intelligence Service;
(h)
the Australian Taxation Office;
(i)
any other Commonwealth agency specified in the regulations.
History
Definition of
"
Commonwealth participating agency
"
amended by No 33 of 2009, s 3 and Sch 2 item 18, by substituting para (b), effective 23 May 2009. Para (b) formerly read:
(b)
the Australian Customs Service;
Definition of
"
Commonwealth participating agency
"
amended by No 86 of 2006, s 3 and Sch 1 item 30, by inserting para (ba), effective 30 December 2006.
Definition of
"
Commonwealth participating agency
"
amended by No 125 of 2002.
foreign officer
means an officer, however described, of an agency that has responsibility for:
(a)
law enforcement in a foreign country; or
(b)
intelligence gathering for a foreign country; or
(c)
security of a foreign country.
issuing agency
means:
(a)
a Commonwealth agency; or
(aa)
a State agency; or
(ab)
a Territory agency; or
(b)
a non-government body;
that is referred to in an authorisation under paragraph
15XI(2)
(f).
History
Definition of
"
issuing agency
"
amended by No 87 of 2005, s 3 and Sch 1 item 1, by inserting paras (aa) and (ab), effective 6 July 2005.
issuing evidence of an assumed identity
includes making an entry in a record of information in respect of the assumed identity.
non-government body
means a body that is not managed or controlled by or on behalf of the Commonwealth or the Government of a State or Territory.
participating agency
means either a Commonwealth participating agency or a State or Territory participating agency.
State agency
, in relation to a particular State, means that State or an authority of that State.
History
Definition of
"
State agency
"
inserted by No 87 of 2005, s 3 and Sch 1 item 2, effective 6 July 2005.
State or Territory participating agency
means:
(a)
the police force of a State or Territory; or
(b)
one of the following bodies:
(i)
the Independent Commission Against Corruption established under the
Independent Commission Against Corruption Act 1988
of New South Wales;
(ii)
the Crime and Misconduct Commission of Queensland;
(iii)
(Repealed by No 100 of 2005)
(iiia)
the Western Australian Corruption and Crime Commission established by the
Corruption and Crime Commission Act 2003
of Western Australia;
(iv)
a similar body established under a law of a State or Territory; or
(c)
one of the following bodies:
(i)
the New South Wales Crime Commission established under the
New South Wales Crime Commission Act 1985
of New South Wales;
(ii)
(Repealed by No 100 of 2005)
(iii)
a similar body established under a law of a State or Territory; or
(ca)
the Police Integrity Commission established by the
Police Integrity Commission Act 1996
of New South Wales; or
(d)
any other body or agency of a State or Territory specified in the regulations.
History
Definition of
"
State or Territory participating agency
"
amended by No 100 of 2005, s 3 and Sch 1 items 8 to 10, by substituting para (b)(ii), repealing para (b)(iii) and (c)(ii), effective 6 July 2005. Para (b)(ii), (iii) and (c)(ii) formerly read:
(ii)
the Queensland Criminal Justice Commission established by the
Criminal Justice Act 1989
of Queensland;
(iii)
the Western Australian Anti-Corruption Commission established by the
Anti-Corruption Act 1988
of Western Australia;
(ii)
the Queensland Crime Commission established by the
Crime Commission Act 1997
of Queensland;
Definition of
"
State or Territory participating agency
"
amended by No 113 of 2003, s 3 and Sch 1 item 1, by inserting para (b)(iiia), effective 6 February 2004.
supervising officer
means the officer referred to in an authorisation under subparagraph
15XI(2)
(d)(ii).
Territory agency
, in relation to a particular Territory, means that Territory or an authority of that Territory.
History
Definition of
"
Territory agency
"
inserted by No 87 of 2005, s 3 and Sch 1 item 3, effective 6 July 2005.
(2)
A reference in this Part to an approved officer or an approved person using an assumed identity includes a reference to:
(a)
the officer or person representing the identity covered by his or her authorisation to be his or her real identity when it is not (whether that representation is express or implied, and whether it is by words, conduct or omission); or
(b)
such an officer or person acting in a way that is consistent with such an identity, rather than the person's real identity.
(3)
A reference in this Part to an approved officer or approved person acquiring evidence of an assumed identity includes a reference to the officer or person obtaining, or taking any steps towards obtaining, a document or other thing that purports to evidence the identity covered by his or her authorisation, when it is not the real identity of the person.
(4)
A reference in this Part to a person engaging in conduct includes a reference to the person omitting to do an act.
History
S 15XA inserted by No 136 of 2001.
Division 2
-
Effect of an assumed identity
History
Div 2 inserted by No 136 of 2001.
SECTION 15XB Assumed identities may be acquired and used
(1)
An approved officer may acquire evidence of, and use, an assumed identity if the acquisition or use:
(a)
is in the course of duty; and
(b)
is in accordance with the authorisation conditions (if any).
(2)
An approved person may acquire evidence of, and use, an assumed identity if the acquisition or use is in accordance with:
(a)
directions given by the supervising officer mentioned in the person's authorisation; and
(b)
the authorisation conditions (if any).
Note:
The acquisition of evidence, and use, of an assumed identity is authorised by the authorising person of a participating agency under Division
3
.
History
S 15XB inserted by No 136 of 2001.
SECTION 15XC Protection from criminal liability
(1)
An approved officer, who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
(a)
the officer engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
(b)
the officer engages in the conduct in the course of duty; and
(c)
the conduct is in accordance with the authorisation conditions (if any); and
(d)
the conduct would not constitute that offence if the assumed identity were the officer's real identity.
Example:
This subsection could apply if an approved officer, when using an assumed identity, makes the false representation that he or she is unemployed (but that representation would be true if the assumed identity were real).
(2)
An approved person who engages in conduct that, apart from this subsection, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for that offence if:
(a)
the person engages in the conduct in the course of acquiring evidence of, or using, an assumed identity; and
(b)
the conduct is in accordance with:
(i)
directions given by the supervising officer; and
(ii)
the authorisation conditions (if any); and
(c)
the conduct would not constitute that offence if the assumed identity were the person's real identity.
Note:
Division
5
has offences relating to the misuse etc. of assumed identities.
History
S 15XC inserted by No 136 of 2001.
SECTION 15XD Indemnification of approved officers and persons
(1)
A Commonwealth participating agency whose authorising person issues an authorisation must indemnify an approved officer against any liability (including reasonable costs) that the officer incurs because of conduct the officer engages in if:
(a)
the officer is covered by the authorisation; and
(b)
the officer engages in the conduct in acquiring evidence of, or using, an assumed identity in the course of duty; and
(c)
the conduct is in accordance with the authorisation conditions (if any); and
(d)
the requirements (if any) specified in the regulations have been met.
(2)
A Commonwealth participating agency whose authorising person issues an authorisation must indemnify an approved person against any liability (including reasonable costs) that the person incurs because of conduct the person engages in if:
(a)
the person is covered by an authorisation; and
(b)
the person engages in conduct in acquiring evidence of, or using, an assumed identity; and
(c)
the conduct is in accordance with:
(i)
any directions given by the supervising officer; and
(ii)
the authorisation conditions (if any); and
(d)
the requirements (if any) specified in the regulations have been met.
History
S 15XD inserted by No 136 of 2001.
SECTION 15XE Effect of being unaware of variation or revocation of authorisation
(1)
If an approved officer's or approved person's authorisation has been varied in a way that limits its scope, this Division continues to apply to the officer or person, as if the authorisation had not been varied in that way, for so long as he or she:
(a)
is unaware of the variation; and
(b)
is not reckless with respect to the existence of the variation.
(2)
If an approved officer's or approved person's authorisation is revoked, this Division continues to apply to the officer or person, as if the authorisation had not been revoked, for so long as he or she:
(a)
is unaware of the revocation; and
(b)
is not reckless with respect to the existence of the revocation.
(3)
For the purposes of this section, a person is reckless with respect to the variation or revocation of an authorisation if:
(a)
he or she is aware of a substantial risk that the variation or revocation occurred; and
(b)
having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
History
S 15XE inserted by No 136 of 2001.
SECTION 15XF Documents authorising use of skill or qualification
15XF
Sections
15XC
and
15XD
do not apply to an approved officer or approved person engaging in conduct if:
(a)
a particular skill or qualification is needed to engage in that conduct; and
(b)
the person does not have that skill or qualification;
whether or not the officer or person has acquired, as evidence of an assumed identity, a document that establishes that he or she has that skill or qualification.
Example:
An officer who cannot fly a plane is not authorised to fly even though he or she has acquired a pilot's licence under an assumed identity.
History
S 15XF inserted by No 136 of 2001.
Division 3
-
Authorising the acquisition or use of assumed identities
History
Div 3 inserted by No 136 of 2001.
SECTION 15XG Commonwealth authorisation of the acquisition or use of assumed identities
(1)
An authorising person of a Commonwealth participating agency may, if satisfied that it is appropriate to do so, authorise a person to do either or both of the following:
(a)
acquire evidence of an assumed identity from:
(i)
any Commonwealth agency; or
(ia)
any State agency; or
(ib)
any Territory agency; or
(ii)
any non-government body;
(b)
use the assumed identity.
History
S 15XG(1) amended by No 87 of 2005, s 3 and Sch 1 item 4, by inserting para (a)(ia) and (a)(ib) after para (a)(i), effective 6 July 2005.
(2)
However, the authorising person may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.
(3)
An authorising person of a Commonwealth participating agency may, if satisfied that it is reasonably necessary to do so, authorise a foreign officer to do either or both of the following:
(a)
acquire evidence of an assumed identity from:
(i)
any Commonwealth agency; or
(ia)
any State agency; or
(ib)
any Territory agency; or
(ii)
any non-government body;
(b)
use an assumed identity.
History
S 15XG(3) amended by No 87 of 2005, s 3 and Sch 1 item 5, by inserting para (a)(ia) and (a)(ib) after para (a)(i), effective 6 July 2005.
S 15XG inserted by No 136 of 2001.
SECTION 15XH State or Territory authorisations of the acquisition or use of assumed identities
(1)
An authorising person of a State or Territory participating agency may, if satisfied that it is appropriate to do so, authorise a person (other than a foreign officer) to do either or both of the following:
(a)
acquire evidence of an assumed identity from any Commonwealth agency;
(b)
use the assumed identity.
Note:
Only a Commonwealth participating agency can authorise a foreign officer to acquire evidence of, or use, an assumed identity: see subsection
15XG(3)
.
(2)
However, the authorising person may only authorise the use of the assumed identity in a foreign country if he or she is satisfied that it is reasonably necessary to do so.
History
S 15XH inserted by No 136 of 2001.
SECTION 15XI Contents of an authorisation for an assumed identity
(1)
An authorisation to acquire evidence of, and use, an assumed identity must be in writing and signed by the authorising person.
(2)
The authorisation must specify:
(a)
the authorising person's name; and
(b)
the date on which the authorisation is given; and
(c)
if the person who is authorised to acquire or use the assumed identity is an officer in the authorising person's participating agency or a foreign officer
-
that officer's name; and
(d)
if the person who is authorised to acquire or use the assumed identity is not such an officer:
(i)
the name of the person who is authorised to acquire or use the assumed identity; and
(ii)
the name of the officer in the authorising person's participating agency who will supervise that acquisition or use; and
(e)
details of the assumed identity which the authorisation covers; and
(f)
all Commonwealth agencies, State agencies, Territory agencies or non-government bodies who are to be requested to issue evidence of the assumed identity; and
(g)
details of each such request; and
(h)
the reasons for the need to use the assumed identity; and
(i)
whether the assumed identity can be used in a foreign country and the reasons for the need for this use; and
(j)
any conditions to which the authorisation is subject, including in relation to use in a foreign country.
History
S 15XI(2) amended by No 87 of 2005, s 3 and Sch 1 item 6, by inserting ``, State agencies, Territory agencies'' after ``Commonwealth agencies'', effective 6 July 2005.
(3)
An authorisation can cover more than one assumed identity.
History
S 15XI inserted by No 136 of 2001.
SECTION 15XJ When an authorisation is in force
15XJ
An authorisation is in force until it is revoked.
History
S 15XJ inserted by No 136 of 2001.
SECTION 15XK Variation and revocation of authorisations
(1)
An authorising person who issues an authorisation, or any other authorising person in the same participating agency, may vary or revoke the authorisation at any time.
(2)
The approved officer or approved person covered by the authorisation must be given a written notice of the variation or revocation.
(3)
The notice must state:
(a)
the date from which the variation or revocation takes effect; and
(b)
the nature of the variation (if any); and
(c)
the reasons for the variation or revocation.
History
S 15XK inserted by No 136 of 2001.
Division 4
-
Issuing and cancelling evidence of assumed identities
History
Div 4 inserted by No 136 of 2001.
SECTION 15XL Authorising person may request agencies and bodies to issue evidence of assumed identities etc.
15XL
An authorising person who issues an authorisation may request an issuing agency that is specified in the authorisation under paragraph
15XI(2)(f)
to issue evidence of an assumed identity covered by the authorisation to the approved officer or approved person.
History
S 15XL inserted by No 136 of 2001.
SECTION 15XM Requesting Commonwealth agencies to issue evidence of assumed identities etc.
(1)
An issuing agency of the Commonwealth that receives a request under section
15XL
from an authorising person in a Commonwealth participating agency must comply with the request.
(2)
An issuing agency of the Commonwealth that receives such a request from an authorising person in a State or Territory participating agency may comply with the request, but does not have to do so.
History
S 15XM inserted by No 136 of 2001.
SECTION 15XMA Requesting State agencies or Territory agencies to issue evidence of assumed identities etc.
(1)
An issuing agency that is a State agency of a particular State and that receives a request under section
15XL
must comply with the request to the extent that the laws of the State require it to do so.
(2)
An issuing agency that is a Territory agency of a particular Territory and that receives a request under section
15XL
must comply with the request to the extent that the laws of the Territory require it to do so.
History
S 15XMA inserted by No 87 of 2005, s 3 and Sch 1 item 7, effective 6 July 2005.
SECTION 15XN Requesting non-government bodies to issue evidence of assumed identities etc.
15XN
An issuing agency that is a non-government body that receives a request under section 15XL may comply with the request, but does not have to do so.
Note:
Only Commonwealth participating agencies can request non-government bodies to issue evidence of an assumed identity.
History
S 15XN inserted by No 136 of 2001.
SECTION 15XO Cancelling evidence of assumed identities etc.
15XO
An issuing agency that has issued evidence of an assumed identity because of a request under section
15XL
, must cancel the evidence (including by deleting or altering an entry in a record of information) on the written request of:
(a)
the authorising person who made the request; or
(b)
any other authorising person in the same participating agency.
History
S 15XO inserted by No 136 of 2001.
SECTION 15XP Protection from criminal liability
15XP
An employee in an issuing agency, who engages in conduct that, apart from this section, would constitute an offence against a law of the Commonwealth, a State or Territory, is not criminally responsible for the offence if the employee engages in the conduct in responding to the request in the course of duty.
History
S 15XP inserted by No 136 of 2001.
SECTION 15XQ Indemnification of issuing agencies etc.
15XQ
A Commonwealth participating agency whose authorising person makes a request under section
15XL
must indemnify:
(a)
an employee of an issuing agency; and
(b)
an issuing agency;
against any liability (including reasonable costs) incurred by that employee or agency because of conduct engaged in by the employee if:
(c)
the employee engages in the conduct in responding to the request in the course of duty; and
(d)
the requirements (if any) specified in the regulations have been met.
History
S 15XQ inserted by No 136 of 2001.
Division 5
-
Offences relating to assumed identities
History
Div 5 inserted by No 136 of 2001.
SECTION 15XR Misuse of assumed identities
(1)
A person commits an offence if:
(a)
the person is an approved officer; and
(b)
the person acquires evidence of, or uses, an assumed identity covered by the person's authorisation; and
(c)
the acquisition or use is not in the course of duty.
Penalty: 12 months imprisonment.
(2)
A person commits an offence if:
(a)
the person is an approved person; and
(b)
the person acquires evidence of, or uses, an assumed identity covered by the person's authorisation; and
(c)
the acquisition or use is not in accordance with the directions of the supervising officer.
Penalty: 12 months imprisonment.
(3)
A person commits an offence if:
(a)
the person is an approved officer or an approved person; and
(b)
the person acquires evidence of, or uses, an assumed identity covered by the person's authorisation; and
(c)
in doing so, the person engages in conduct that breaches an authorisation condition.
Penalty: 12 months imprisonment.
History
S 15XR inserted by No 136 of 2001.
SECTION 15XS Disclosing information relating to assumed identities
(1)
A person commits an offence if:
(a)
the person discloses information; and
(b)
the disclosure reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not that other person's real identity; and
(c)
the disclosure:
(i)
endangers, or is likely to endanger, the health or safety of any person; or
(ii)
prejudices, or is likely to prejudice, the effective conduct of an operation carried out by any participating agency; and
(d)
the assumed identity is or was covered by an authorisation.
Penalty: 10 years imprisonment.
(2)
A person commits an offence if:
(a)
the person discloses information; and
(b)
the disclosure reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not that other person's real identity; and
(c)
the assumed identity is or was covered by an authorisation.
Penalty: 2 years imprisonment.
History
S 15XS inserted by No 136 of 2001.
Division 6
-
Miscellaneous
History
Div 6 inserted by No 136 of 2001.
SECTION 15XT Disclosing real identities during court proceedings etc.
(1)
If the real identity of an approved officer or approved person who is or was covered by an authorisation, might be disclosed in proceedings before a court, tribunal or a Royal Commission or other commission of inquiry, then the court, tribunal or commission must:
(a)
ensure that the parts of the proceedings that relate to the real identity of the officer or person are held in private; and
(b)
make such orders relating to the suppression of the publication of evidence given by the court, tribunal or commission as will, in its opinion, ensure that the real identity of the officer or person is not disclosed.
(2)
However, this section does not apply to the extent that the court, tribunal or commission considers that the interests of justice require otherwise.
History
S 15XT inserted by No 136 of 2001.
SECTION 15XU Keeping and auditing records of assumed identities
(1)
The head of a Commonwealth participating agency must:
(a)
cause appropriate records to be kept:
(i)
while an authorisation is in force; and
(ii)
for at least 12 months after an authorisation has been revoked; and
(b)
cause those records to be audited:
(i)
at least once every 6 months while the authorisation is in force; and
(ii)
at least once in the 6 month period after the revocation of the authorisation.
(1A)
An audit of these records must not be conducted by:
(a)
an authorising person who has issued, varied or revoked an authorisation to which one or more of the records relate; or
(b)
an approved officer or approved person who is covered by an authorisation to which one or more of the records relate.
(2)
In this section:
appropriate records
means records relating to the operation of this Part as it affects the participating agency, including any authorisations and any variations or revocations of those authorisations under section
15XK
.
History
S 15XU inserted by No 136 of 2001.
SECTION 15XUA Matters to be reported
(1)
Commonwealth participating agencies must report annually.
Each of the following Commonwealth participating agencies:
(a)
the Australian Security Intelligence Organisation;
(b)
the Australian Secret Intelligence Service;
must, as soon as practicable after 30 June in each year, prepare and give to the Inspector-General of Intelligence and Security a report for the year ending on that 30 June.
(2)
Each other Commonwealth participating agency must, within 3 months after 30 June in each year, prepare and give to the Minister responsible for the agency a report for the year ending on that 30 June.
(3)
The Minister receiving a report under subsection (2) must table a copy of the report before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
(4)
What reports must include.
An agency's report must include the following information:
(a)
the number of authorisations issued by an authorising person from the agency during the year covered by the report;
(b)
a general description of the activities undertaken by approved officers and approved persons when using their assumed identities during the year covered by the report;
(c)
a statement whether or not any fraud or other unlawful activity was identified by an audit under paragraph
15XU(1)(b)
during the year covered by the report.
(5)
Before the report is tabled in the Parliament, the Minister must, on the advice of the relevant agency head, remove information from the report if the Minister is of the view that its inclusion may:
(a)
endanger a person's safety; or
(b)
prejudice an investigation or prosecution; or
(c)
compromise the agency's operational activities or methodologies.
History
S 15XUA inserted by No 136 of 2001.
SECTION 15XV Concurrent operation of State and Territory laws
15XV
It is the Parliament's intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
History
S 15XV inserted by No 136 of 2001.
SECTION 15XW Regulations
15XW
The Governor-General may make regulations prescribing matters:
(a)
required or permitted by this Part to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to this Part.
History
S 15XW inserted by No 136 of 2001.
Part IAC inserted by No 136 of 2001.
Division 1
-
Preliminary
History
Div 1 substituted by No 3 of 2010, s 3 and Sch 3 item 10, effective 20 February 2010. For former wording and application and transitional provisions, see note under Part
IAB
heading.
SECTION 15K
15K
Definitions
In this Part:
acquire
an assumed identity, means acquire evidence of the assumed identity and includes taking steps towards acquiring evidence of the identity.
agency
means one or more of the following:
(a)
an issuing agency;
(b)
an intelligence agency;
(c)
a law enforcement agency.
authorised civilian
means a person who is authorised under an authority to acquire or use an assumed identity, but does not include an officer of an intelligence agency, an officer of a law enforcement agency, or a foreign officer.
authorised foreign officer
means a foreign officer who is authorised under an authority to acquire or use an assumed identity.
authorised intelligence officer
means an intelligence officer who is authorised under an authority to acquire or use an assumed identity.
authorised law enforcement officer
means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity.
authorised person
means:
(a)
an authorised civilian; and
(b)
an authorised intelligence officer; and
(c)
an authorised law enforcement officer; and
(d)
an authorised foreign officer.
authority
means an authority granted under section
15KB
to acquire and use an assumed identity, including the authority as varied under section
15KE
.
chief officer
:
(a)
of an intelligence agency
-
means the following:
(i)
in relation to the Australian Security Intelligence Organisation
-
the Director-General of Security;
(ii)
in relation to the Australian Secret Intelligence Service
-
the Director-General of Australian Secret Intelligence Service;
(iii)
in relation to the Office of National Intelligence
-
the Director-General of National Intelligence;
(iv)
in relation to the Australian Signals Directorate
-
the Director-General of the Australian Signals Directorate; and
(b)
of an issuing agency
-
means the chief executive officer (however described) of the agency; and
(c)
of a law enforcement agency
-
means the following:
(i)
in relation to the Australian Federal Police
-
the Commissioner of the Australian Federal Police;
(ii)
in relation to the Immigration and Border Protection Department
-
the Secretary of that Department;
(iii)
in relation to the ACC
-
the Chief Executive Officer of the ACC;
(iv)
in relation to the National Anti-Corruption Commission
-
the National Anti-Corruption Commissioner;
(v)
in relation to the Australian Taxation Office
-
the Commissioner of Taxation;
(vi)
in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of
law enforcement agency
-
the officer specified in the regulations as the chief officer of that agency.
History
Definition of
"
chief officer
"
amended by No 89 of 2022, s 3 and Sch 1 item 89, by substituting para (c)(iv), effective 1 July 2023. Para (c)(iv) formerly read:
(iv)
in relation to the Australian Commission for Law Enforcement Integrity
-
the Integrity Commissioner;
Definition of
"
chief officer
"
amended by No 31 of 2022, s 3 and Sch 11 items 1 and 2, by omitting
"
and
"
after
"
National Intelligence;
"
from para (a)(iii) and inserting para (a)(iv), effective 2 April 2022.
Definition of
"
chief officer
"
amended by No 156 of 2018, s 3 and Sch 2 items 26 and 27, by omitting
"
and
"
after
"
Secret Intelligence Service;
"
from para (a)(ii) and inserting para (a)(iii), effective 20 December 2018.
Definition of
"
chief officer
"
amended by No 41 of 2015, s 3 and Sch 6 item 57, by substituting
"
Secretary of that Department
"
for
"
Chief Executive Officer of Customs
"
in para (c)(ii), effective 1 July 2015. For saving and transitional provisions, see note under the definition of
"
Immigration and Border Protection Department
"
.
Definition of
"
chief officer
"
amended by No 41 of 2015, s 3 and Sch 5 item 46, by substituting
"
to the Immigration and Border Protection Department
"
for
"
to Customs
"
in para (c)(ii), effective 1 July 2015. For transitional provisions, see note under the definition of
"
officer of Customs
"
.
Commonwealth agency
means:
(a)
the Commonwealth; or
(b)
an authority of the Commonwealth.
Commonwealth government issuing agency
means a Commonwealth agency that issues evidence of identity and that is named in an authority.
conduct
includes any act or omission.
corresponding assumed identity law
means:
(a)
a law of a State or Territory; or
(b)
a provision or provisions of a law of a State or Territory;
prescribed by the regulations for the purposes of this definition.
corresponding authority
means:
(a)
an authority under a corresponding assumed identity law to acquire or use an assumed identity; or
(b)
an authority under a corresponding assumed identity law to request the production of evidence of an assumed identity from a Commonwealth government issuing agency.
doing
a thing, includes failing to do the thing.
evidence
of identity, means a document or other thing (such as a driver's licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity.
foreign officer
means an officer, however described, of an agency that has responsibility for:
(a)
law enforcement in a foreign country; or
(b)
intelligence gathering for a foreign country; or
(c)
security of a foreign country.
intelligence agency
means:
(a)
the Australian Security Intelligence Organisation; or
(b)
the Australian Secret Intelligence Service; or
(c)
the Office of National Intelligence; or
(d)
the Australian Signals Directorate.
History
Definition of
"
intelligence agency
"
amended by No 31 of 2022, s 3 and Sch 11 item 3, by inserting para (d), effective 2 April 2022.
Definition of
"
intelligence agency
"
amended by 156 of 2018, s 3 and Sch 2 items 28 and 29, by inserting
"
or
"
in para (a) and inserting para (c), effective 20 December 2018.
intelligence officer
means:
(a)
for an intelligence agency other than the Office of National Intelligence
-
a person who is a staff member (within the meaning of the
Intelligence Services Act 2001
) of the agency; and
(b)
for the Office of National Intelligence
-
a staff member (within the meaning of the
Office of National Intelligence Act 2018
) of the Office of National Intelligence;
(c)
(Repealed by No 31 of 2022)
and includes a person who is seconded to an intelligence agency.
History
Definition of
"
intelligence officer
"
amended by No 31 of 2022, s 3 and Sch 11 item 4, by substituting para (a) and (b) for para (a) to (c), effective 2 April 2022.
(a)
in relation to the Australian Security Intelligence Organisation
-
an officer of the Australian Security Intelligence Organisation; and
(b)
in relation to the Australian Secret Intelligence Service
-
a staff member of the Australian Secret Intelligence Service; and
(c)
in relation to the Office of National Intelligence
-
a staff member of the Office of National Intelligence;
Definition of
"
intelligence officer
"
amended by 156 of 2018, s 3 and Sch 2 items 30 and 31, by inserting
"
and
"
in para (b) and inserting para (c), effective 20 December 2018.
issuing agency
means:
(a)
a Commonwealth government issuing agency; or
(b)
a non-Commonwealth government issuing agency.
jurisdiction
means the Commonwealth or a State or Territory of the Commonwealth.
law enforcement agency
means the following agencies:
(a)
the Australian Federal Police;
(b)
the Immigration and Border Protection Department;
(c)
the ACC;
(d)
the National Anti-Corruption Commission;
(e)
the Australian Taxation Office;
(f)
any other Commonwealth agency specified in the regulations.
History
Definition of
"
law enforcement agency
"
amended by No 89 of 2022, s 3 and Sch 1 item 90, by substituting para (d), effective 1 July 2023. Para (d) formerly read:
(d)
the Australian Commission for Law Enforcement Integrity;
Definition of
"
law enforcement agency
"
amended by No 41 of 2015, s 3 and Sch 5 item 47, by substituting para (b), effective 1 July 2015. For transitional provisions, see note under the definition of
"
officer of Customs
"
. Para (b) formerly read:
(b)
Customs;
law enforcement officer
means:
(a)
in relation to the Australian Federal Police
-
the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the
Australian Federal Police Act 1979
); and
(b)
in relation to the Immigration and Border Protection Department
-
an officer of Customs; and
(c)
in relation to the ACC
-
a member of the staff of the ACC; and
(d)
in relation to the National Anti-Corruption Commission
-
a staff member of the NACC; and
(e)
in relation to the Australian Taxation Office
-
a person engaged under the
Public Service Act 1999
and performing duties in the Australian Taxation Office; and
(f)
in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of
law enforcement agency
-
an officer specified in the regulations as an officer of the agency;
and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction.
History
Definition of
"
law enforcement officer
"
amended by No 89 of 2022, s 3 and Sch 1 item 91, by substituting para (d), effective 1 July 2023. Para (d) formerly read:
(d)
in relation to the Australian Commission for Law Enforcement Integrity
-
a member of the staff of the Australian Commission for Law Enforcement Integrity; and
Definition of
"
law enforcement officer
"
amended by No 41 of 2015, s 3 and Sch 5 item 48, by substituting
"
to the Immigration and Border Protection Department
"
for
"
to Customs
"
in para (b), effective 1 July 2015. For transitional provisions, see note under the definition of
"
officer of Customs
"
.
National Witness Protection Program
means the program by that name established by the
Witness Protection Act 1994
.
non-Commonwealth government issuing agency
means a person, body or entity (other than a Commonwealth government issuing agency) that issues evidence of identity and that is named in an authority.
officer
of an agency, includes a person employed or engaged in the agency.
originating agency
:
(a)
in relation to the transfer of an authority under subsection
15KV(1)
-
has the meaning given by that subsection; and
(b)
in relation to the transfer of an authority under subsection
15KV(2)
-
has the meaning given by that subsection.
participating jurisdiction
means a jurisdiction in which a corresponding assumed identity law is in force.
receiving agency
:
(a)
in relation to the transfer of an authority under subsection
15KV(1)
-
has the meaning given by that subsection; and
(b)
in relation to the transfer of an authority under subsection
15KV(2)
-
has the meaning given by that subsection.
supervisor
of an authorised civilian means the law enforcement officer or the intelligence officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.
use
an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the assumed identity to be real when it is not.
History
S 15K substituted by No 3 of 2010, s 3 and Sch 3 item 10, effective 20 February 2010. For former wording and application and transitional provisions, see note under Part
IAB
heading.
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