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CRIMES (ASSUMED IDENTITIES) ACT 2004 (NO 15 OF 2004) - NOTES

Act No. 15/2004



04-015adoc00.jpg
Victoria

No. 15 of 2004

Crimes (Assumed Identities) Act 2004[†]

[Assented to 18 May 2004]

ENDNOTES

Endnotes


[†]     Minister's second reading speech—

    Legislative Assembly: 1 April 2004

    Legislative Council: 11 May 2004

    The long title for the Bill for this Act was "to provide for the lawful acquisition and use of assumed identities for law enforcement purposes and the recognition of things done in relation to assumed identities in other jurisdictions and for other purposes."

INDEX

Subject

Section

Act


    commencement

2

    purpose

1

    transitional provisions

36

Agencies
See Issuing agencies; Law enforcement agencies


Assumed identities


    definitions of acquire, use

3

    disclosure of information

30

    entries in register of births, deaths and marriages

4– 6, 10-12

    misuse of

29

    use by authorised officers, authorised civilians

19

Assumed identities – Authorities


    applications for

4

    audit of records

33

    authorities under corresponding laws

28

    cancellation

8, 9, 11, 23

    definition

3

    form

6

    grant and grounds for

5

    matters authorised by

5

    period of

6, 7

    records regarding

32, 33

    reports regarding

31

    transitional provisions

36

    variations

8, 23

    yearly reviews

9

Assumed identities – Evidence


    cancellation

16, 26

    definition

3, 13

    details in authorities

4–6

    protection of issuing agencies, officers

17–18, 27

    requests for

13–15, 24, 25

Australian Crime Commission


See Law enforcement agencies;
    Law enforcement officers


Authorised civilians


    acquisition, use of assumed identity

19

    definition

3

    indemnity

21, 22

    misuse of assumed identity by

29

    period of authority for

6, 7

    protection from criminal liability

20, 22

    protection if unaware of variation, cancellation of authority


23

    supervision by law enforcement officers

4, 5, 6



Subject

Section

Authorised officers


    acquisition, use of assumed identity

19

    definition

3

    indemnity

21, 22

    misuse of assumed identity by

29

    period of authority for

7

    protection from criminal liability

20, 22

    protection if unaware of variation, cancellation of authority


23

Authorised persons


See Authorised civilians; Authorised officers


Authorities See Assumed identities – Authorities


Chief officers
See Issuing agencies; Law enforcement agencies


Criminal liability


    protection from

17, 20, 22

Corresponding authorities

3, 28

Corresponding laws

3, 28

Definitions

3, 13, 16, 26, 34, 36

Evidence See Assumed identities – Evidence


Government issuing agencies See Issuing agencies


Indemnities

18, 21–22, 27

Issuing agencies


    chief officer (def.)

3

    chief officer's duties regarding


cancellation of evidence

16, 26

requests for evidence

13–15, 24, 25

    definition

3

    details in authorities

4–6

    government issuing agencies (def.)

3

    indemnity for officers and issuing agencies

18, 27

    non-government issuing agencies (def.)

3

    protection of officers from criminal liability

17

Law enforcement agencies


    chief officer (def.)

3

    chief officer's powers and duties regarding


appointment of supervisors

5

audits of records

33

authorities

4, 5, 8, 9, 11

entries in register of births, deaths, marriages

10–11

evidence

13, 16, 24

records

32, 33

reports

31

    definition

3

    delegation of chief officer's functions

34

    indemnities given by

18, 21–22, 27

    senior officers

34

Law enforcement officers


    applications for authorities

4

    as supervisors of authorised civilians

4, 5

    definition

3

See also Authorised officers


Subject

Section

Minister

31

Non-government issuing agencies


See Issuing agencies


Offences

29, 30

Participating jurisdictions


    authorisation of use of assumed identities in

5, 6

    definition

3

    requests for evidence to and from

24–27

Register of births, deaths and marriages


    details of entries in authorities

4–6

    entries regarding assumed identities

10–12

Regulations

35

Supreme Court

10, 12

Transitional provisions

36

Victoria Police


See Law enforcement agencies;

Law enforcement officers