CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 4 Application for authority to acquire or use assumed identity

CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 4

    (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

S. 4(3)(b)(iia) inserted by No. 44/2022 s. 85(a).

        (iia)     if the person referred to in subparagraph (ii) is a Victoria Police employee—the rank of the proposed supervisor of the person and an explanation of why it is necessary for the person to acquire or use the assumed identity; and

S. 4(3)(b)(iii) amended by No. 44/2022 s. 85(b).

              (iii)     if the person referred to in subparagraph (ii) is an authorised civilian (other than a Victoria Police employee)—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

S. 4(3)(b)(vi) substituted by No. 83/2012 s. 36.

              (vi)     if the assumed identity is to be used in an investigation or for intelligence-gathering, details of the investigation or intelligence-gathering exercise (to the extent known); and

S. 4(3)(b)(via) inserted by No. 83/2012 s. 36, amended by No. 34/2016 s. 28.

        (via)     if the assumed identity is to be used to ensure the effective and safe exercise of functions in administering the Victorian witness protection program or alternative protection arrangements, details of the functions concerned; 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.