Victorian Consolidated Legislation

Crimes (Assumed Identities) Act 2004 - SECT 4

PART 2 AUTHORITY FOR ASSUMED IDENTITY

Application for authority to acquire or use assumed identity

4. 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
        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 10
        (making entries in register of births, deaths or marriages) in respect
        of the assumed identity.

(4) The chief officer may require the applicant to furnish any additional
information concerning the application that is necessary for the chief
officer's proper consideration of the application.

Note The chief officer may delegate functions under this section-see section
34.