CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation

PART 2--Undercover operations

• 4 Approval of undercover operations
• 5 Legal immunity of persons taking part in approved undercover operations

PART 3--Assumed identities

Division 1--Authority to acquire or use assumed identity

• 6 Application for authority
• 7 Determination of applications
• 8 Form of authority
• 9 Period of authority
• 10 Variation or cancellation of authority
• 11 Yearly review of authority
• 12 Making entries in register of births, deaths and marriages
• 13 Cancellation of authority affecting entry in register of births, deaths and marriages

Division 2--Evidence of assumed identity

• 14 Request for evidence of assumed identity
• 15 Cancellation of evidence of assumed identity
• 16 Legal immunity of officers of issuing agencies
• 17 Indemnity for issuing agencies and officers

Division 3--Effect of authority

• 18 Assumed identity may be acquired and used
• 19 Legal immunity of authorised persons acting under authority
• 20 Indemnity for authorised persons
• 21 Particular qualifications
• 22 Effect of being unaware of variation or cancellation of authority

Division 4--Mutual recognition

• 23 Requests to participating jurisdiction for evidence of assumed identity
• 24 Requests from participating jurisdiction for evidence of assumed identity

Division 5--Compliance and monitoring

• 25 Misuse of assumed identity
• 26 Disclosing information about assumed identity
• 27 Record keeping
• 28 Audit of records

Division 6--Delegation

• 29 Delegation

PART 4--Witness identity protection

Division 1--Interpretation

• 30 Interpretation

Division 2--Witness identity protection certificates for local operatives

• 31 Chief officer may give witness identity protection certificate to local operative
• 32 Protection of decision to give witness identity protection certificate
• 33 Form of witness identity protection certificate
• 34 Cancellation of witness identity protection certificate
• 35 Permission to give information disclosing operative's identity etc

Division 3--Use of witness identity protection certificates in proceedings

• 36 Application and interpretation of Division
• 37 Filing and effect of filing of witness identity protection certificate in court
• 38 Orders to protect operative's identity etc
• 39 Directions to jury
• 40 Application for disclosure of operative's identity etc in proceedings
• 41 Offences

Division 4--Delegation

• 42 Delegation

PART 5--Application of Act to approvals, authorities or certificates under corresponding laws

• 43 Application of Act to approvals under corresponding laws
• 44 Application of Act to authorities under corresponding laws
• 45 Application of Act to witness identity protection certificates under corresponding laws

PART 6--Miscellaneous

• 46 State Records Act 1997 and Freedom of Information Act 1991 not to apply
• 47 Annual report
• 48 Regulations
• SCHEDULE 1--Transitional provisions
Legislative history