Australian Capital Territory Consolidated Acts

CRIMES (ASSUMED IDENTITIES) ACT 2009 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     chief police officer

              •     Commonwealth

              •     entity

              •     exercise, a function

              •     financial year

              •     function

              •     in relation to

              •     Legislative Assembly

              •     Minister (see s 162)

              •     police officer

              •     position

              •     registrar-general

              •     territory law.

"acquire" an assumed identity, means acquire evidence of the identity, and includes taking steps towards acquiring evidence of the identity.

"agency" means—

        (a)     an issuing agency; or

        (b)     a law enforcement agency.

Australian Crime Commission means the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth).

"authorised civilian" means a person (other than a law enforcement officer) who is authorised under an authority to acquire or use an assumed identity.

"authorised officer" means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity.

"authorised person" means—

        (a)     an authorised civilian; or

        (b)     an authorised officer.

"authority" means an authority granted under section 9 to acquire and use an assumed identity, and includes the authority as amended under section 14.

"chief officer"—

        (a)     of a law enforcement agency, means—

              (i)     in relation to the Australian Federal Police––the chief police officer; and

              (ii)     in relation to the Australian Crime Commission—the chief executive officer of the Australian Crime Commission; and

        (b)     of an issuing agency—means the chief executive officer (however described) of the agency.

"conduct" means an act or omission to do an act.

"controlled operation"—see the Crimes (Controlled Operations) Act 2008, dictionary.

"corresponding authority" means an authority under a corresponding law—

        (a)     to acquire or use an assumed identity in the ACT; or

        (b)     to request the production of evidence of an assumed identity.

"corresponding law" means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by regulation to correspond to this Act.

"criminal activity" means conduct that involves the commission of an offence by 1 or more people.

"doing "a thing, includes failing to do the thing.

"evidence" of identity, means a document or other thing (for example, a driver's licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"government issuing agency", in relation to an authority, means any of the following stated in the authority that issues evidence of identity:

        (a)     an entity that exercises a function of the government of the ACT;

        (b)     an entity prescribed by regulation.

"issuing agency" means—

        (a)     a government issuing agency; or

        (b)     a non-government issuing agency.

"jurisdiction" means the Commonwealth or a State or Territory of the Commonwealth.

"law enforcement agency" means—

        (a)     the Australian Federal Police; or

        (b)     the Australian Crime Commission.

"law enforcement officer"—

        (a)     means—

              (i)     a police officer; or

              (ii)     a member of staff of the Australian Crime Commission; and

        (b)     includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service, and a police officer (however described), of another jurisdiction.

"non-government issuing agency", in relation to an authority, means an entity (other than a government issuing agency) stated in the authority that issues evidence of identity.

"officer" of an agency, includes a person employed or engaged in the agency.

"participating jurisdiction" means a jurisdiction in which a corresponding law is in force.

"supervisor" of an authorised civilian, means the law enforcement officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.

"use" an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the identity to be real when it is not.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Crimes (Assumed Identities) Act 2009 A2009-33

notified LR 22 September 2009

s 1, s 2 commenced 22 September 2009 (LA s 75 (1))

remainder commenced 22 March 2010 (s 2 and LA s 79)

as amended by

Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.3

notified LR 13 May 2010

s 1, s 2 commenced 13 May 2010 (LA s 75 (1))

sch 3 pt 3.3 commenced 3 June 2010 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Assumed identity may be acquired and used
s 26     am A2010-18 amdt 3.3

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 22 Mar 2010	22 Mar 2010– 2 June 2010	not amended	new Act

© Australian Capital Territory 2010

Australian Capital Territory

A2009-33

Republication No 2

Effective: 3 June 2010

Republication date: 3 June 2010

Last amendment made by A2010-18





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Crimes (Assumed Identities) Act 2009

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 June 2010

. It also includes any amendment, repeal or expiry affecting the republished law to 3 June 2010

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Crimes (Assumed Identities) Act 2009

Endnotes

Australian Capital Territory

Crimes (Assumed Identities) Act 2009