Criminal Investigation (Covert Operations) Act 2009

The chief officer of a law enforcement agency may, on application under section 6 for an authority, grant the authority subject to such conditions as the chief officer thinks fit.

The chief officer may not grant any such authority 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; and

that 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—that it would be impossible or impracticable in the circumstances to authorise the acquisition or use (or both) of the assumed identity by a law enforcement officer for the purpose sought.

If an authority is granted in respect of an authorised civilian, the chief officer must appoint a law enforcement officer of the agency to supervise the acquisition or use (or both) of the assumed identity by the authorised civilian.

A law enforcement officer appointed as supervisor under subsection (3) must be—

in the case of SA Police—of or above the rank of Sergeant;

in the case of the Australian Crime Commission—of or above the rank of Senior Investigator.

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

an application for an order for an entry in a register of births, deaths or marriages under section 12 or a corresponding law;

a request under section 14 or 23;

the use of an assumed identity in a participating jurisdiction.

A separate authority is required for each assumed identity.