Criminal Investigation (Covert Powers) Act 2012

A law enforcement officer of a law enforcement agency may apply to the authorising officer for the agency for an authority for the law enforcement officer or any other person to do either or both of the following —

acquire an assumed identity;

use an assumed identity.

A separate application must be made in respect of each assumed identity to be acquired or used.

An application may be made —

in writing (a formal application); or

in relation to the use of an assumed identity but not the acquisition of an assumed identity — orally (an urgent application), if the applicant has reason to believe that the delay caused by making a formal application may affect the success of a law enforcement operation.

A formal application must be in a physical form, signed by the applicant.

However if it is impracticable in the circumstances for a physical document to be delivered to the authorising officer, a formal application may take the form of —

a fax; or

an email or other electronic document, in which case the document need not be signed.

An urgent application may be made in person, by telephone or any other electronic means.

An application must provide all of the following information —

the name of the applicant;

the name of the person (or if there is more than one, each person) to be authorised to acquire or use an assumed identity (if not the applicant);

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

details of the proposed assumed identity;

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

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

details of any issuing agencies and the types of evidence of identity to be issued by them;

details of any application to be made for an order under section 54 in respect of the assumed identity.

The authorising officer may require the applicant to furnish such additional information concerning the application as is necessary for the authorising officer’s proper consideration of the application.

As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the authorising officer.