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TASMANIA
__________
POLICE POWERS (ASSUMED IDENTITIES) BILL
2006
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Meaning of reckless
PART 2 AUTHORITY FOR ASSUMED IDENTITY
5. Application for authority to acquire or use assumed identity
6. Determination of application
7. Form of authority
8. Period of authority
9. Variation or cancellation of authority
10. Yearly review of authority
PART 3 EVIDENCE OF ASSUMED IDENTITY
11. Making records of births, deaths or marriages
12. Cancellation of authority affecting records of births, deaths or
marriages
13. Cancelling entries in Register
14. Restriction about access to application for entry in Register
15. Request for evidence of assumed identity
[Bill 35]-I
16. Government issuing agencies to comply with request
17. Non-government issuing agencies may comply with request
18. Cancellation of evidence of assumed identity
19. Protection from criminal liability officers of issuing agencies
20. Indemnity for issuing agencies and officers
PART 4 EFFECT OF AUTHORITY
21. Assumed identity may be acquired and used
22. Protection from criminal liability authorised persons
23. Indemnity for authorised persons
24. Particular qualifications
25. Effect of being unaware of variation or cancellation of authority
PART 5 MUTUAL RECOGNITION UNDER CORRESPONDING
LAWS
26. Requests to participating jurisdiction for evidence of assumed
identity
27. Requests from participating jurisdiction for evidence of assumed
identity
28. Directions from participating jurisdiction to cancel evidence of
assumed identity
29. Indemnity for issuing agencies and officers
30. Application of Act to authorities under corresponding laws
PART 6 COMPLIANCE AND MONITORING
Division 1 Misuse of assumed identity and information
31. Misuse of assumed identity
32. Disclosing information about assumed identity
Division 2 Reporting and record-keeping
33. Reports about authorities for assumed identities, &c.
34. Record-keeping
35. Audit of records
PART 7 GENERAL
36. Delegation of chief officer's functions
2
37. Regulations
38. Administration of Act
3
4
POLICE POWERS (ASSUMED IDENTITIES) BILL
2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to facilitate, for law enforcement purposes,
investigations and intelligence-gathering in relation to
criminal activity, including investigations beyond this
jurisdiction
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Police Powers
(Assumed Identities) Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act, unless the contrary intention
appears
[Bill 35] 5
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 3 Part 1 Preliminary
"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 of the
Commonwealth;
"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 6 to acquire or use an assumed
identity, including the authority as varied
under section 9;
6
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 1 Preliminary s. 3
"chief officer", of
(a) a law enforcement agency, means
the person for the time being
holding office as
(i) in relation to the Police
Service, the
Commissioner of Police;
or
(ii) in relation to the
Australian Crime
Commission, the Chief
Executive Officer of the
Australian Crime
Commission; or
(b) an issuing agency, means the
chief executive officer (however
described) of the agency;
"conduct" includes any act or omission;
"corresponding authority" means
(a) an authority under a
corresponding law to acquire or
use an assumed identity in this
jurisdiction; or
(b) an authority under a
corresponding law to request the
production of evidence of an
assumed identity in this
jurisdiction;
7
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 3 Part 1 Preliminary
"corresponding law" means a law of another
jurisdiction that corresponds to this Act,
and includes a law of another jurisdiction
that is declared by the regulations to
correspond to this Act;
"criminal activity" means conduct that
involves the commission of an offence by
one or more persons;
"doing" a thing includes failing to do the
thing;
"evidence", of identity, means a document or
other thing (such as a driver's licence,
birth certificate, credit card or identity
card) that evidences, indicates or
supports, or can be used to evidence,
indicate or support, a person's identity or
any aspect of a person's identity;
"government issuing agency", in relation to
an authority, means an entity that
(a) performs any function of the
government of this jurisdiction;
and
(b) is named in the authority;
"issuing agency" means
(a) a government issuing agency; or
(b) a non-government issuing
agency;
8
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 1 Preliminary s. 3
"jurisdiction" means the Commonwealth or a
State or Territory of the Commonwealth;
"law enforcement agency" means
(a) the Police Service; or
(b) the Australian Crime
Commission;
"law enforcement officer" means
(a) in relation to the Police Service,
police officers; and
(b) in relation to the Australian
Crime Commission, a member of
staff of the Australian Crime
Commission
and 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 a person,
body or entity (other than a government
issuing agency) named in the authority
that issues evidence of identity;
"officer", of an agency, includes a person
employed or engaged in the agency;
9
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 4 Part 1 Preliminary
"participating jurisdiction" means a
jurisdiction in which a corresponding law
is in force;
"Register" has the same meaning as in the
Births, Deaths and Marriages
Registration Act 1999;
"Registrar" means the Registrar of Births,
Deaths and Marriages appointed and
holding office under the Births, Deaths
and Marriages Registration Act 1999;
"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;
"this jurisdiction" means Tasmania;
"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.
4. Meaning of reckless
(1) A person is "reckless" in relation to a
circumstance if
(a) the person is aware of a substantial risk
that the circumstance exists or will exist;
and
10
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 1 Preliminary s. 4
(b) having regard to the circumstances
known to the person, it is unjustifiable to
take the risk.
(2) A person is "reckless" in relation to a result if
(a) the person is aware of a substantial risk
that the result will happen; and
(b) having regard to the circumstances
known to the person, it is unjustifiable to
take the risk.
(3) It is a question of fact as to whether taking a risk
is unjustifiable.
11
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 5 Part 2 Authority for Assumed Identity
PART 2 AUTHORITY FOR ASSUMED IDENTITY
5. Application for authority to acquire or use assumed
identity
(1) A law enforcement officer of a law enforcement
agency may apply to the chief officer of the
agency for an authority for the law enforcement
officer or any other person to do either or both of
the following:
(a) acquire an assumed identity;
(b) use an assumed identity.
(2) A separate application must be made in respect
of each assumed identity to be acquired or used.
(3) An application
(a) must be in writing in the form approved
by the chief officer; and
(b) must contain
(i) the name of the applicant; and
(ii) the name of the person to be
authorised to acquire or use an
assumed identity (if not the
applicant); and
(iii) if the person referred to in
subparagraph (ii) is not a law
enforcement officer, the name
and rank or position of the person
12
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 2 Authority for Assumed Identity s. 5
proposed to be appointed as
supervisor and an explanation of
why it is necessary for a person
who is not a law enforcement
officer to acquire or use the
assumed identity; and
(iv) details of the proposed assumed
identity; and
(v) reasons for the need to acquire or
use an assumed identity; and
(vi) details of the investigation or
intelligence-gathering exercise in
which the assumed identity will
be used (to the extent known);
and
(vii) details of any issuing agencies
and the types of evidence to be
issued by them; and
(viii) details of any application to be
made for an order under
section 11 in respect of the
assumed identity.
(4) The chief officer may require the applicant to
furnish such additional information concerning
the application as is necessary for the chief
officer's proper consideration of the application.
13
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 6 Part 2 Authority for Assumed Identity
6. Determination of application
(1) After considering an application for an authority
to acquire or use an assumed identity, and any
additional information furnished under
section 5(4), the chief officer
(a) may grant an authority to acquire or use
the assumed identity, either
unconditionally or subject to conditions;
or
(b) may refuse the application.
(2) An authority to acquire or use an assumed
identity may not be granted unless the chief
officer is satisfied on reasonable grounds
(a) that the assumed identity is necessary for
the purposes of an investigation or
intelligence-gathering in relation to
criminal activity; and
(b) that 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, 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.
(3) If an authority is granted for an authorised
civilian, the chief officer must appoint a law
14
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 2 Authority for Assumed Identity s. 7
enforcement officer of the law enforcement
agency to supervise the acquisition or use of the
assumed identity by the authorised civilian.
(4) The law enforcement officer appointed as
supervisor must be
(a) for the Police Service, of or above the
rank of sergeant; or
(b) for the Australian Crime Commission, of
or above the rank of senior investigator.
(5) An authority may also authorise any one or more
of the following:
(a) an application for an order for an entry in
a register of births, deaths or marriages
under section 11 or a corresponding law;
(b) a request under section 15 or 26;
(c) the use of an assumed identity in a
participating jurisdiction.
(6) A separate authority is required for each
assumed identity.
7. Form of authority
(1) An authority must be
(a) in writing in the form approved by the
chief officer; and
(b) signed by the person granting it.
15
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 7 Part 2 Authority for Assumed Identity
(2) An authority must state the following:
(a) the name of the person granting the
authority;
(b) the date of the authority;
(c) details of the assumed identity
authorised;
(d) details of any evidence of the assumed
identity that may be acquired under the
authority;
(e) the conditions (if any) to which the
authority is subject;
(f) why the authority is granted;
(g) if the authority relates to an authorised
officer, the name of the officer;
(h) if the authority relates to an authorised
civilian
(i) the name of the authorised
civilian; and
(ii) the name of his or her supervisor
under the authority; and
(iii) the period for which the authority
will remain in force, being a
period not exceeding 3 months.
(3) The authority must also state the following:
16
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 2 Authority for Assumed Identity s. 8
(a) each issuing agency to which a request
may be made under section 15 or 26;
(b) whether it authorises an application for
an order for an entry in a register of
births, deaths or marriages under
section 11 or a corresponding law;
(c) each participating jurisdiction in which
an assumed identity may be used.
8. Period of authority
(1) An authority for an authorised officer remains in
force until cancelled under section 9.
(2) An authority for an authorised civilian remains
in force until the end of the period specified in
the authority in accordance with
section 7(2)(h)(iii), unless the authority is
cancelled sooner under section 9.
(3) A fresh authority may be issued to an authorised
civilian before or after the end of the period
specified in the initial authority.
9. Variation or cancellation of authority
(1) The chief officer who grants an authority
(a) may vary or cancel the authority at any
time; and
(b) must cancel the authority if the chief
officer is satisfied (on a review under
17
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 10 Part 2 Authority for Assumed Identity
section 10 or otherwise) that use of the
assumed identity is no longer necessary.
(2) The chief officer must give written notice of the
variation or cancellation to
(a) the authorised person to whom it relates;
and
(b) if the authorised person is an authorised
civilian, the authorised person's
supervisor.
(3) The notice must state why the authority is varied
or cancelled.
(4) The variation or cancellation takes effect
(a) on the day on which the written notice is
given to the authorised person; or
(b) if a later date of effect is stated in the
notice, on the day stated.
10. Yearly review of authority
(1) The chief officer must periodically review each
authority granted by the chief officer or a
delegate of the chief officer under this Act.
(2) A review of an authority under this section is to
be conducted at least once every 12 months.
(3) The purpose of a review is to determine whether
use of the assumed identity under the authority is
still necessary.
18
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 2 Authority for Assumed Identity s. 10
(4) If the chief officer is satisfied on a review that
use of the assumed identity under the authority is
no longer necessary, he or she must cancel the
authority under section 9.
(5) If the chief officer is satisfied on a review that
use of the assumed identity under the authority is
still necessary, he or she must record his or her
opinion, and the reasons for it, in writing.
19
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 11 Part 3 Evidence of Assumed Identity
PART 3 EVIDENCE OF ASSUMED IDENTITY
11. Making records of births, deaths or marriages
(1) The Supreme Court may order the Registrar to
do one or more of the following:
(a) make an entry in the Register;
(b) issue a certificate of birth, death or
marriage in relation to the acquisition of
an assumed identity under an authority or
corresponding authority.
(2) The Registrar may create such other records as
the Registrar thinks necessary to support the
entry or certificate made or issued in accordance
with the order in relation to the acquisition of an
assumed identity under an authority or
corresponding authority.
(3) The Court may make the order only
(a) on application by
(i) the chief officer of a law
enforcement agency; or
(ii) the chief officer of a law
enforcement agency under a
corresponding law; or
(iii) the chief officer of a
Commonwealth participating
agency within the meaning of
20
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 3 Evidence of Assumed Identity s. 12
Part 1AC of the Crimes Act 1914
of the Commonwealth; and
(b) if satisfied that the order is justified,
having regard to the nature of the
activities undertaken or to be undertaken
by the officer or person under the
authority or corresponding authority.
(4) The application must be heard in closed court.
(5) The Registrar must give effect to an order
(a) within the period stated in the order; or
(b) if no period is stated in the order, within
28 days after the day on which the order
is made.
(6) In this section
"chief officer" includes the chief officer
(however described) of a participating
agency under Part 1AC of the Crimes Act
1914 of the Commonwealth;
"corresponding authority" includes an
authorisation issued under Division 3 of
Part 1AC of the Crimes Act 1914 of the
Commonwealth.
12. Cancellation of authority affecting records of
births, deaths or marriages
(1) This section applies if
21
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 13 Part 3 Evidence of Assumed Identity
(a) the chief officer cancels an authority for
an assumed identity; and
(b) there is an entry in relation to that
identity
(i) in the Register because of an
order under section 11; or
(ii) in a register of births, deaths or
marriages in a participating
jurisdiction because of an order
under a corresponding law of the
jurisdiction.
(2) If subsection (1)(b)(i) applies, the chief officer
must apply for an order under section 13 within
28 days after the day on which the authority is
cancelled.
(3) If subsection (1)(b)(ii) applies, the chief officer
must apply for an order under the corresponding
law to cancel the entry, within 28 days after the
day on which the authority is cancelled.
13. Cancelling entries in Register
(1) The Supreme Court may order the Registrar to
cancel an entry that has been made in the
Register under an order under section 11.
(2) The Court may make the order only on
application by the chief officer who applied for
the order under section 11.
(3) The application must be heard in closed court.
22
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 3 Evidence of Assumed Identity s. 14
(4) The Registrar must give effect to the order
within 28 days after the day on which the order
is made.
14. Restriction about access to application for entry in
Register
(1) A person is not entitled to search information in
the custody of a court in relation to a relevant
proceeding unless a judge otherwise orders in
the interests of justice.
(2) In this section
"relevant proceeding" means
(a) an application under section 11 or
13 for an order to make or cancel
an entry in the Register; or
(b) an order given under the
application.
15. Request for evidence of assumed identity
(1) This section applies if an authority granted under
section 6 authorises a request under this section.
(2) The chief officer who grants the authority may
request the chief officer of an issuing agency
stated in the authority to
(a) produce evidence of an assumed identity
in accordance with the authority; and
23
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 16 Part 3 Evidence of Assumed Identity
(b) give evidence of the assumed identity to
the authorised person named in the
authority.
(3) The request must state a reasonable period for
compliance with the request.
(4) A request cannot be made under this section for
an entry in the Register or for the issue of a
certificate of birth, death or marriage.
(5) In this section
"evidence" means evidence similar to that
ordinarily produced or given by the
issuing agency.
16. Government issuing agencies to comply with
request
(1) The chief officer of a government issuing agency
who receives a request under section 15 must
comply with the request within the reasonable
period stated in the request.
(2) The chief officer of a government issuing agency
may create such other records as the chief officer
thinks necessary to support evidence of the
assumed identity produced in response to the
request.
24
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 3 Evidence of Assumed Identity s. 17
17. Non-government issuing agencies may comply with
request
The chief officer of a non-government issuing
agency who receives a request under section 15
may comply with the request.
18. Cancellation of evidence of assumed identity
(1) The chief officer of an issuing agency who
produces evidence of an assumed identity under
this Part must cancel the evidence if directed in
writing to do so by the chief officer who
requested the evidence.
(2) In this section
"cancel" includes delete or alter an entry in a
record of information.
19. Protection from criminal liability officers of
issuing agencies
The chief officer, or an officer, of an issuing
agency (whether government or non-
government) who does something that, apart
from this section, would be an offence is not
criminally responsible for the offence if the thing
is done to comply with a request under
section 15 or a direction under section 18.
25
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 20 Part 3 Evidence of Assumed Identity
20. Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of a law
enforcement agency makes a request under
section 15 or gives a direction under section 18
to the chief officer of an issuing agency, whether
government or non-government.
(2) The law enforcement agency must indemnify the
issuing agency, or an officer of the issuing
agency, for any liability incurred by the issuing
agency or officer (including reasonable costs)
if
(a) the liability is incurred because of
something done by the issuing agency or
officer to comply with the request or
direction in the course of duty; and
(b) any requirements prescribed under the
regulations have been met.
26
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 4 Effect of Authority s. 21
PART 4 EFFECT OF AUTHORITY
21. Assumed identity may be acquired and used
(1) An authorised officer may acquire or use (or
both) an assumed identity if the acquisition or
use (or both) are
(a) in accordance with an authority; and
(b) in the course of duty.
(2) An authorised civilian may acquire or use (or
both) an assumed identity if the acquisition or
use (or both) are in accordance with
(a) an authority; and
(b) any direction by the person's supervisor
under the authority.
22. Protection from criminal liability authorised
persons
If an authorised person does something (whether
in this jurisdiction or elsewhere) that, apart from
this section, would be an offence, the officer or
person is not criminally responsible for the
offence if
(a) the thing is done in the course of
acquiring or using an assumed identity in
accordance with an authority; and
(b) the thing is done
27
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 23 Part 4 Effect of Authority
(i) in the case of an authorised
officer, in the course of his or her
duty; or
(ii) in the case of an authorised
civilian, in accordance with any
direction by his or her supervisor
under the authority; and
(c) doing the thing would not be an offence
if the assumed identity were the person's
real identity.
23. Indemnity for authorised persons
(1) This section applies if the chief officer of a law
enforcement agency grants an authority.
(2) The law enforcement agency must indemnify the
authorised person under the authority for any
liability incurred by the person (including
reasonable costs) because of something done by
the person (whether in this jurisdiction or
elsewhere) if
(a) the thing is done in the course of
acquiring or using an assumed identity in
accordance with the authority; and
(b) the thing is done
(i) in the case of an authorised
officer, in the course of his or her
duty; or
28
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 4 Effect of Authority s. 24
(ii) in the case of an authorised
civilian, in accordance with any
direction by his or her supervisor
under the authority; and
(c) any requirements prescribed under the
regulations have been met.
24. Particular qualifications
(1) Sections 22 and 23 do not apply to anything
done by an authorised person if
(a) a particular qualification is needed to do
the thing; and
(b) the person does not have that
qualification.
(2) Subsection (1) applies whether or not the person
has acquired, as evidence of an assumed identity,
a document that indicates that he or she has that
qualification.
25. Effect of being unaware of variation or cancellation
of authority
(1) If an authority has been varied in a way that
limits its scope, this Part continues to apply to
the authorised person to whom it relates as if it
had not been varied in that way, for as long as
the person
(a) is unaware of the variation; and
29
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 25 Part 4 Effect of Authority
(b) is not reckless about the existence of the
variation.
(2) If an authority has been cancelled, this Part
continues to apply to the authorised person to
whom it related as if it had not been cancelled,
for as long as the person
(a) is unaware of the cancellation; and
(b) is not reckless about the existence of the
cancellation.
30
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 5 Mutual Recognition under Corresponding Laws s. 26
PART 5 MUTUAL RECOGNITION UNDER
CORRESPONDING LAWS
26. Requests to participating jurisdiction for evidence
of assumed identity
(1) This section applies if an authority granted under
section 6 authorises a request under this section.
(2) The chief officer who grants the authority may
request the chief officer of an issuing agency of
a participating jurisdiction stated in the authority
to
(a) produce evidence of the assumed identity
in accordance with the authority; and
(b) give evidence of the assumed identity to
the authorised person named in the
authority.
27. Requests from participating jurisdiction for
evidence of assumed identity
(1) This section applies if
(a) a corresponding authority authorises a
request for
(i) the production of evidence of an
assumed identity in this
jurisdiction; and
(ii) the giving of evidence of the
assumed identity to the
31
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 28 Part 5 Mutual Recognition under Corresponding Laws
authorised person named in the
authority; and
(b) the request is made to the chief officer of
an issuing agency of this jurisdiction; and
(c) the request states a reasonable period for
compliance with the request.
(2) The chief officer of a government issuing agency
who receives the request must comply with the
request within the reasonable period stated in the
request.
(3) The chief officer of a non-government issuing
agency who receives the request may comply
with the request.
28. Directions from participating jurisdiction to cancel
evidence of assumed identity
(1) The chief officer of an issuing agency who
produces evidence of an assumed identity
because of a request mentioned in section 27
must cancel the evidence if directed in writing to
do so by the chief officer who made the request.
(2) In this section
"cancel" includes delete or alter an entry in a
record of information.
32
Police Powers (Assumed Identities) Act 2006
Act No. of
Part 5 Mutual Recognition under Corresponding Laws s. 29
29. Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of a law
enforcement agency makes a request to the chief
officer of an issuing agency of a participating
jurisdiction under section 26.
(2) The law enforcement agency must indemnify the
issuing agency, and any officer of the issuing
agency, for any liability incurred by the agency
or officer (including reasonable costs) if
(a) the liability is incurred because of
something done (whether in this
jurisdiction or elsewhere) by the agency
or officer to comply with the request in
the course of duty; and
(b) any requirements prescribed under the
regulations have been met.
30. Application of Act to authorities under
corresponding laws
The following provisions apply to anything done
in this jurisdiction in relation to a corresponding
authority as if it were an authority granted under
section 6:
(a) section 19 (Protection from criminal
liability officers of issuing agencies);
(b) section 21 (Assumed identity may be
acquired and used);
33
Police Powers (Assumed Identities) Act 2006
Act No. of
s. 30 Part 5 Mutual Recognition under Corresponding Laws
(c) section 22 (Protection from criminal
liability authorised persons);
(d) section 24 (Particular qualifications);
(e) section 25 (Effect of being unaware of
variation or cancellation of authority);
(f) section 31 (Misuse of assumed identity);
(g) section 32 (Disclosing information about
assumed identity).
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Police Powers (Assumed Identities) Act 2006
Act No. of
Part 6 Compliance and Monitoring s. 31
PART 6 COMPLIANCE AND MONITORING
Division 1 Misuse of assumed identity and information
31. Misuse of assumed identity
(1) An authorised officer is guilty of an offence if
(a) he or she intentionally, knowingly or
recklessly acquires evidence of, or uses,
an assumed identity covered by his or her
authority; and
(b) he or she knows that, or is reckless as to
whether, the acquisition or use is not
(i) in accordance with his or her
authority; or
(ii) in the course of duty.
Penalty: Imprisonment for a term not exceeding
2 years.
(2) An authorised civilian is guilty of an offence if
(a) he or she intentionally, knowingly or
recklessly acquires evidence of, or uses,
an assumed identity covered by his or her
authority; and
(b) he or she knows that, or is reckless as to
whether, the acquisition or use is not in
accordance with
(i) his or her authority; or
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s. 32 Part 6 Compliance and Monitoring
(ii) the directions of his or her
supervisor under the authority.
Penalty: Imprisonment for a term not exceeding
2 years.
32. Disclosing information about assumed identity
(1) A person is guilty of an offence if
(a) the person intentionally, knowingly or
recklessly discloses any information; and
(b) the person knows that, or is reckless as to
whether, the information reveals, or is
likely to reveal, that an assumed identity
acquired or used by another person is not
the other person's real identity; and
(c) the person knows that, or is reckless as to
whether, the disclosure is not made
(i) in connection with the
administration or execution of
this Act or a corresponding law;
or
(ii) for the purposes of any legal
proceeding arising out of or
otherwise related to this Act or a
corresponding law or of any
report of any such proceedings;
or
(iii) in accordance with any
requirement imposed by law.
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Police Powers (Assumed Identities) Act 2006
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Part 6 Compliance and Monitoring s. 33
Penalty: Imprisonment for a term not exceeding
2 years.
(2) A person is guilty of an offence against this
subsection if the person commits an offence
against subsection (1) in circumstances in which
the person
(a) intends to endanger the health or safety
of any person or prejudice the effective
conduct of an investigation or
intelligence-gathering in relation to
criminal activity; or
(b) knows that, or is reckless as to whether,
the disclosure of the information
(i) endangers or will endanger the
health or safety of any person; or
(ii) prejudices or will prejudice the
effective conduct of an
investigation or intelligence-
gathering in relation to criminal
activity.
Penalty: Imprisonment for a term not exceeding
4 years.
Division 2 Reporting and record-keeping
33. Reports about authorities for assumed identities,
&c.
(1) As soon as practicable after the end of each
financial year, the chief officer of a law
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s. 33 Part 6 Compliance and Monitoring
enforcement agency must submit a report to the
Minister and the Minister administering the
Police Service Act 2003 that includes the
following information for the year:
(a) the number of authorities granted during
the year;
(b) a general description of the activities
undertaken by authorised persons when
using assumed identities under this Act
during the year;
(c) the number of applications for authorities
that were refused during the year;
(d) a statement whether or not any fraud or
other unlawful activity was identified by
an audit under section 35 during the year;
(e) any other information relating to
authorities and assumed identities and
the administration of this Act that the
Minister considers appropriate.
(2) The chief officer must advise the Minister of any
information in the report that, in the chief
officer's opinion, should be excluded from the
report before the report is laid before both
Houses of Parliament because the information, if
made public, could reasonably be expected to
(a) endanger a person's safety; or
(b) prejudice an investigation or prosecution;
or
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Part 6 Compliance and Monitoring s. 34
(c) compromise any law enforcement
agency's operational activities or
methodologies.
(3) The Minister must exclude information from the
report if satisfied on the advice of the chief
officer of any of the grounds set out in
subsection (2).
(4) The Minister is to cause a copy of the report to
be laid before each House of Parliament within
15 sitting-days from the day on which the report
is received by the Minister.
34. Record-keeping
(1) The chief officer of a law enforcement agency
must cause appropriate records to be kept about
the operation of this Act in respect of the agency.
(2) The records must include the following, in
respect of authorities granted, varied or
cancelled under this Act in respect of the agency:
(a) the date on which an authority was
granted, varied or cancelled and the name
of the person who granted, varied or
cancelled it;
(b) the name of the authorised person under
the authority, together with details of the
assumed identity to which the authority
applies;
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s. 35 Part 6 Compliance and Monitoring
(c) details of any request made to an issuing
agency under section 15 in respect of the
authority;
(d) the general nature of the duties
undertaken by the authorised person
under the assumed identity;
(e) general details of relevant financial
transactions entered into using the
assumed identity;
(f) details of reviews of the authority under
section 10.
35. Audit of records
(1) The chief officer of a law enforcement agency
must arrange for the records kept under
section 34 for each authority in respect of the
agency to be audited
(a) at least once every 6 months while the
authority is in force; and
(b) at least once in the 6 months after the
cancellation or expiry of the authority.
(2) The audit is to be conducted by a person
appointed by the chief officer.
(3) The person appointed to conduct the audit
(a) may, but need not, be an officer of the
law enforcement agency; and
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Police Powers (Assumed Identities) Act 2006
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Part 6 Compliance and Monitoring s. 35
(b) must not be a person
(i) who granted, varied or cancelled
any of the authorities to which
the records under section 34
relate; or
(ii) who is or was an authorised
person under any of the
authorities to which those records
relate.
(4) The results of an audit are to be reported to the
chief officer.
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Act No. of
s. 36 Part 7 General
PART 7 GENERAL
36. Delegation of chief officer's functions
(1) Except as provided by this section (and despite
any other Act or law to the contrary) the
functions of a chief officer under this Act may
not be delegated to any other person.
(2) A chief officer may delegate to a senior officer
of the law enforcement agency any of the chief
officer's functions under this Act relating to the
granting, variation and cancellation of authorities
(including conducting reviews under section 10,
making applications under section 11 or 13, or
making requests under section 13 or 26).
(3) In this section
"senior officer" means a person for the time
being holding office as
(a) in relation to the Police Service,
an officer of or above the rank of
inspector; or
(b) in relation to the Australian
Crime Commission, any of the
following:
(i) the Director National
Operations;
(ii) a Director;
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Act No. of
Part 7 General s. 37
(iii) a Head of
Investigation/Operation;
(iv) an office of the Australian
Crime Commission that is
prescribed by the
regulations.
37. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
38. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Justice and Workplace
Relations; and
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Act No. of
s. 38 Part 7 General
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
44 Government Printer, Tasmania