Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15XA

             (1)  In this Part:

"approved officer" means an officer or foreign officer referred to in an authorisation under paragraph 15XI(2)(c).

"approved person" means a person referred to in an authorisation under subparagraph 15XI(2)(d)(i).

"authorisation" means an authorisation that is in force under section 15XG or 15XH.

"authorisation conditions" means conditions to which an authorisation is subject under paragraph 15XI(2)(j).

"authorising person" means:

                     (a)  the head of a participating agency; or

                     (b)  a person in a participating agency, included in a prescribed class of persons, who is authorised in writing by the head of the agency .

"Commonwealth agency" means:

                     (a)  the Commonwealth; or

                     (b)  an authority of the Commonwealth.

"Commonwealth participating agency" means one of the following agencies:

                     (a)  the Australian Federal Police;

                     (b)  Customs;

                    (ba)  the Australian Commission for Law Enforcement Integrity;

                     (c)  the ACC;

                     (d)  the Australian Security Intelligence Organisation;

                     (e)  the Australian Secret Intelligence Service;

                     (h)  the Australian Taxation Office;

                      (i)  any other Commonwealth agency specified in the regulations.

"foreign officer" means an officer, however described, of an agency that has responsibility for:

                     (a)  law enforcement in a foreign country; or

                     (b)  intelligence gathering for a foreign country; or

                     (c)  security of a foreign country.

"issuing agency" means:

                     (a)  a Commonwealth agency; or

                    (aa)  a State agency; or

                    (ab)  a Territory agency; or

                     (b)  a non‑government body;

that is referred to in an authorisation under paragraph 15XI(2)(f).

"issuing evidence of an assumed identity" includes making an entry in a record of information in respect of the assumed identity.

"non-government body" means a body that is not managed or controlled by or on behalf of the Commonwealth or the Government of a State or Territory.

"participating agency" means either a Commonwealth participating agency or a State or Territory participating agency.

"State agency" , in relation to a particular State, means that State or an authority of that State.

"State or Territory participating agency" means:

                     (a)  the police force of a State or Territory; or

                     (b)  one of the following bodies:

                              (i)  the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 1988 of New South Wales;

                             (ii)  the Crime and Misconduct Commission of Queensland;

                           (iiia)  the Western Australian Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 of Western Australia;

                            (iv)  a similar body established under a law of a State or Territory; or

                     (c)  one of the following bodies:

                              (i)  the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales;

                            (iii)  a similar body established under a law of a State or Territory; or

                    (ca)  the Police Integrity Commission established by the Police Integrity Commission Act 1996 of New South Wales; or

                     (d)  any other body or agency of a State or Territory specified in the regulations.

"supervising officer" means the officer referred to in an authorisation under subparagraph 15XI(2)(d)(ii).

"Territory agency" , in relation to a particular Territory, means that Territory or an authority of that Territory.

             (2)  A reference in this Part to an approved officer or an approved person using an assumed identity includes a reference to:

                     (a)  the officer or person representing the identity covered by his or her authorisation to be his or her real identity when it is not (whether that representation is express or implied, and whether it is by words, conduct or omission); or

                     (b)  such an officer or person acting in a way that is consistent with such an identity, rather than the person's real identity.

             (3)  A reference in this Part to an approved officer or approved person acquiring evidence of an assumed identity includes a reference to the officer or person obtaining, or taking any steps towards obtaining, a document or other thing that purports to evidence the identity covered by his or her authorisation, when it is not the real identity of the person.

             (4)  A reference in this Part to a person engaging in conduct includes a reference to the person omitting to do an act.