Crimes (Assumed Identities) Act 2009

This Act is the Crimes (Assumed Identities) Act 2009.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘controlled operation—see the Crimes (Controlled Operations) Act 2008, dictionary.’ means that the term ‘controlled operation’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main purpose of this Act is to facilitate, for law enforcement purposes, investigations and intelligence gathering in relation to criminal activity and corrupt conduct, including investigations extending beyond the ACT.

The purpose is to be achieved mainly by—

providing for the lawful acquisition and use of assumed identities; and

facilitating mutual recognition of things done in relation to assumed identities under corresponding laws.

The following Acts do not apply in relation to activities, documents, and records under this Act:

the Freedom of Information Act 2016;

the Territory Records Act 2002.

Part 2 Authority to acquire or use assumed identity

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 someone else, to do either or both of the following:

acquire an assumed identity;

use an assumed identity.

A separate application must be made for each assumed identity to be acquired or used.

An application must be in writing in the form approved by the chief officer.

An application must contain—

the applicant’s name; and

if someone other than the applicant is to be authorised to acquire or use an assumed identity—the person’s name; and

if the person mentioned in paragraph (b) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as the person’s supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use an assumed identity; and

details of the proposed assumed identity; and

reasons for the need to acquire or use an assumed identity; and

details (to the extent known) of the investigation or intelligence-gathering exercise in which the assumed identity will be used; and

details of the issuing agencies (if any) and the kinds of evidence to be issued by them; and

details of any application to be made for an order under section 16 (Making entries in register of births, deaths or marriages) in relation to the assumed identity.

The chief officer may require the applicant to give the chief officer the additional information the chief officer reasonably needs to decide the application.

Note The chief officer may delegate a function under this section (see s 42).

After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 8 (5), the chief officer of a law enforcement agency may—

grant an authority to acquire or use the assumed identity, with or without conditions; or

refuse the application.

The chief officer must not grant an authority to acquire or use an assumed identity unless satisfied on reasonable grounds that—

the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to criminal activity or corrupt conduct; and

the risk of abuse of the assumed identity by the authorised person is minimal; and

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.

An authority may also authorise 1 or more of the following:

an application for an order for an entry in a register of births, deaths or marriages under section 16 (Making entries in register of births, deaths or marriages) or a corresponding law;

a request under section 19 (Request for evidence of assumed identity) or section 31 (Request to participating jurisdiction for evidence of assumed identity);

the use of an assumed identity in a participating jurisdiction.

A separate authority is required for each assumed identity.

Note The chief officer may delegate a function under this section (see s 42).

The chief officer must not grant an authority for an authorised civilian for longer than 3 months.

This section applies if the chief officer of a law enforcement agency grants an authority for an authorised civilian.

The chief officer must appoint a law enforcement officer of the agency to supervise the acquisition or use of the assumed identity by the authorised civilian.

The law enforcement officer appointed as supervisor must be—

for the Australian Federal Police—of or above the rank of sergeant; and

for the Australian Crime Commission—of or above the rank of senior investigator; and

for the integrity commission—a position of the integrity commission prescribed by regulation.

An authority must be—

in writing in the form approved by the chief officer; and

signed by the person granting it.

An authority must state the following:

the name of the person granting the authority;

the date on which the authority comes into effect;

details of the assumed identity under the authority;

details of any evidence of the assumed identity that may be acquired under the authority;

the conditions (if any) to which the authority is subject;

why the authority is granted;

if the authority relates to an authorised officer—the authorised officer’s name;

if the authority relates to an authorised civilian—

the authorised civilian’s name; and

the name of the authorised civilian’s supervisor under the authority; and

the period the authority is in force.

Note An authorised civilian’s authority must not be for longer than 3 months (see s 10).

The authority must also state the following:

each issuing agency to which a request may be made under section 19 (Request for evidence of assumed identity) or section 31 (Request to participating jurisdiction for evidence of assumed identity);

whether it authorises an application for an order for an entry in a register of births, deaths or marriages under section 16 (Making entries in register of births, deaths or marriages) or a corresponding law;

each participating jurisdiction in which an assumed identity may be used.

Note The chief officer may delegate a function under this section (see s 42).

An authority for an authorised officer is in force until cancelled under section 14.

An authority for an authorised civilian is in force until—

the end of the period stated in the authority; or

if the authority is cancelled under section 14—the day the authority is cancelled.