Definitions
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:
an issuing agency;
an intelligence agency;
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:
an authorised civilian; and
an authorised intelligence officer; and
an authorised law enforcement officer; and
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:
of an intelligence agency—means the following:
in relation to the Australian Security Intelligence Organisation—the Director‑General of Security;
in relation to the Australian Secret Intelligence Service—the Director‑General of Australian Secret Intelligence Service;
in relation to the Office of National Intelligence—the Director‑General of National Intelligence;
in relation to the Australian Signals Directorate—the Director‑General of the Australian Signals Directorate; and
of an issuing agency—means the chief executive officer (however described) of the agency; and
of a law enforcement agency—means the following:
in relation to the Australian Federal Police—the Commissioner of the Australian Federal Police;
in relation to the Immigration and Border Protection Department—the Secretary of that Department;
in relation to the ACC—the Chief Executive Officer of the ACC;
in relation to the National Anti‑Corruption Commission—the National Anti‑Corruption Commissioner;
in relation to the Australian Taxation Office—the Commissioner of Taxation;
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.
Commonwealth agency means:
the Commonwealth; or
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 law of a State or Territory; or
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:
an authority under a corresponding assumed identity law to acquire or use an assumed identity; or
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:
law enforcement in a foreign country; or
intelligence gathering for a foreign country; or
security of a foreign country.
intelligence agency means:
the Australian Security Intelligence Organisation; or
the Australian Secret Intelligence Service; or
the Office of National Intelligence; or
the Australian Signals Directorate.
intelligence officer means:
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
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;
and includes a person who is seconded to an intelligence agency.
issuing agency means:
a Commonwealth government issuing agency; or
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:
the Australian Federal Police;
the Immigration and Border Protection Department;
the ACC;
the National Anti‑Corruption Commission;
the Australian Taxation Office;
any other Commonwealth agency specified in the regulations.
law enforcement officer means:
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
in relation to the Immigration and Border Protection Department—an officer of Customs; and
in relation to the ACC—a member of the staff of the ACC; and
in relation to the National Anti‑Corruption Commission—a staff member of the NACC; and
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
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.
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:
in relation to the transfer of an authority under subsection 15KV(1)—has the meaning given by that subsection; and
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:
in relation to the transfer of an authority under subsection 15KV(1)—has the meaning given by that subsection; and
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.
This provision refers to the regulations (specified in the regulations
, prescribed by the regulations
). Made under this Act:
- Crimes Regulations 2019 · under s 91
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