Crimes Act 1914

The chief officer of an agency:

may, at any time, vary or cancel an authority that was granted by the chief officer of the agency; and

must cancel the authority if the chief officer is satisfied (on a review under section 15KF or otherwise) that use of the assumed identity is no longer necessary.

Section 15KW modifies the effect of this provision if control of the authority is transferred.

The chief officer must give written notice of the variation or cancellation to:

where practicable, the authorised person to whom it relates; and

if the authorised person is an authorised civilian—the authorised person’s supervisor.

The notice must state why the authority is varied or cancelled.

The variation or cancellation takes effect:

if the written notice is given to the authorised person and the authorised person is not an authorised civilian—on the day the written notice is given to the authorised person or, if a later day is stated in the notice, on the later day; or

if the authorised person is an authorised civilian and the written notice is given to the authorised person’s supervisor—on the day the written notice is given to the authorised person’s supervisor or, if a later day is stated in the notice, on the later day; or

in any other case—on the day stated in the notice.

The chief officer may delegate functions under this section—see section 15LH.

Despite the variation or cancellation of an authority, a person is, in certain circumstances, protected from prosecution for offences even if the person is unaware of the variation or cancellation—see section 15KU.

A variation of an authority is not a legislative instrument.