Australian Capital Territory Consolidated Acts

CRIMES (ASSUMED IDENTITIES) ACT 2009 - SECT 9

    (1)     After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 8 (5), the chief officer of a law enforcement agency may—

        (a)     grant an authority to acquire or use the assumed identity, with or without conditions; or

        (b)     refuse the application.

    (2)     The chief officer must not grant an authority to acquire or use an assumed identity unless satisfied on reasonable grounds that—

        (a)     the assumed identity is necessary for the purposes of an investigation or intelligence gathering in relation to criminal activity; and

        (b)     the risk of abuse of the assumed identity by the authorised person is minimal; and

        (c)     if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—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.

    (3)     An authority may also authorise 1 or more of the following:

        (a)     an application for an order for an entry in a register of births, deaths or marriages under section 16 (Making entries in register of births, deaths or marriages) or a corresponding law;

        (b)     a request under section 19 (Request for evidence of assumed identity) or section 31 (Request to participating jurisdiction for evidence of assumed identity);

        (c)     the use of an assumed identity in a participating jurisdiction.

    (4)     A separate authority is required for each assumed identity.

Note     The chief officer may delegate a function under this section (see s 42).