Crimes (Assumed Identities) Act 2009

An authorised officer commits an offence if—

the officer acquires evidence of an assumed identity; and

the acquisition is not—

in accordance with the officer’s authority; or

in the course of duty; and

the officer is reckless about whether the acquisition is not—

in accordance with the authority; or

in the course of duty.

The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

An authorised officer commits an offence if—

the officer uses an assumed identity; and

the use is not—

in accordance with the officer’s authority or for a controlled operation; or

in the course of duty; and

the officer is reckless about whether the use is not—

in accordance with the authority or for a controlled operation; or

in the course of duty.

An authorised civilian commits an offence if—

the civilian acquires evidence of an assumed identity; and

the acquisition is not—

in accordance with the civilian’s authority; or

in accordance with a direction of the civilian’s supervisor under the authority; and

the civilian is reckless about whether the acquisition is not—

in accordance with the authority; or

in accordance with a direction of the civilian’s supervisor under the authority.

An authorised civilian commits an offence if—

the civilian uses an assumed identity; and

the use is not—

in accordance with the civilian’s authority or for a controlled operation; or

in accordance with a direction of the civilian’s supervisor under the authority; and

the civilian is reckless about whether the use is not—

in accordance with the authority or for a controlled operation; or

in accordance with a direction of the civilian’s supervisor under the authority.