Criminal Investigation (Covert Powers) Act 2012

After considering an application for an authority to acquire or use an assumed identity, and any additional information furnished under section 47(8), the authorising officer —

may grant an authority to acquire or use the assumed identity, either unconditionally or subject to conditions; or

may refuse the application.

An authority to acquire or use an assumed identity must not be granted unless the authorising officer is satisfied on reasonable grounds —

that the assumed identity is necessary for one or more of the following purposes —

investigation of, or intelligence‑gathering in relation to, criminal activity (whether a particular criminal activity or criminal activity generally);

the training of persons for the purposes mentioned in subparagraph (i);

any administrative function in support of a purpose mentioned in subparagraph (i) or (ii);

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 for a law enforcement officer to acquire or use the assumed identity for the purpose sought.

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

The law enforcement officer appointed as supervisor must be —

in relation to the Police Force — a police officer of or above the rank of sergeant;

in relation to the Australian Crime Commission — a person of or above the rank of senior investigator;

in relation to the fisheries department — a person holding a prescribed office.

An authority may also authorise any one or more of the following —

an application for an order for an entry in the Register under section 54 or in a register of births, deaths or marriages (however described) under a corresponding law;

a request under section 58 or 69;

the use of an assumed identity in a participating jurisdiction.

A separate authority is required for each assumed identity.