Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 15K

Definitions

                   In this Part:

"acquire " an assumed identity, means acquire evidence of the assumed identity and includes taking steps towards acquiring evidence of the identity.

"agency " means one or more of the following:

                     (a)  an issuing agency;

                     (b)  an intelligence agency;

                     (c)  a law enforcement agency.

"authorised civilian " means a person who is authorised under an authority to acquire or use an assumed identity, but does not include an officer of an intelligence agency, an officer of a law enforcement agency, or a foreign officer.

"authorised foreign officer " means a foreign officer who is authorised under an authority to acquire or use an assumed identity.

"authorised intelligence officer " means an intelligence officer who is authorised under an authority to acquire or use an assumed identity.

"authorised law enforcement 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; and

                     (b)  an authorised intelligence officer; and

                     (c)  an authorised law enforcement officer; and

                     (d)  an authorised foreign officer.

"authority " means an authority granted under section 15KB to acquire and use an assumed identity, including the authority as varied under section 15KE.

"chief officer " :

                     (a)  of an intelligence agency--means the following:

                              (i)  in relation to the Australian Security Intelligence Organisation--the Director-General of Security;

                             (ii)  in relation to the Australian Secret Intelligence Service--the Director-General of Australian Secret Intelligence Service;

                            (iii)  in relation to the Office of National Intelligence--the Director-General of National Intelligence; and

                     (b)  of an issuing agency--means the chief executive officer (however described) of the agency; and

                     (c)  of a law enforcement agency--means the following :

                              (i)  in relation to the Australian Federal Police--the Commissioner of the Australian Federal Police;

                             (ii)  in relation to the Immigration and Border Protection Department--the Secretary of that Department;

                            (iii)  in relation to the ACC--the Chief Executive Officer of the ACC;

                            (iv)  in relation to the Australian Commission for Law Enforcement Integrity--the Integrity Commissioner;

                             (v)  in relation to the Australian Taxation Office--the Commissioner of Taxation;

                            (vi)  in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency-- the officer specified in the regulations as the chief officer of that agency.

"Commonwealth agency " means:

                     (a)  the Commonwealth; or

                     (b)  an authority of the Commonwealth.

"Commonwealth government issuing agency " means a Commonwealth agency that issues evidence of identity and that is named in an authority.

"conduct " includes any act or omission.

"corresponding assumed identity law " means:

                     (a)  a law of a State or Territory; or

                     (b)  a provision or provisions of a law of a State or Territory;

prescribed by the regulations for the purposes of this definition.

"corresponding authority " means:

                     (a)  an authority under a corresponding assumed identity law to acquire or use an assumed identity; or

                     (b)  an authority under a corresponding assumed identity law to request the production of evidence of an assumed identity from a Commonwealth government issuing agency.

"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 or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity.

"foreign officer " means an officer, however described, of an agency that has responsibility for:

                     (a)  law enforcement in a foreign country; or

                     (b)  intelligence gathering for a foreign country; or

                     (c)  security of a foreign country.

"intelligence agency " means:

                     (a)  the Australian Security Intelligence Organisation; or

                     (b)  the Australian Secret Intelligence Service; or

                     (c)  the Office of National Intelligence.

"intelligence officer " means:

                     (a)  in relation to the Australian Security Intelligence Organisation--an officer of the Australian Security Intelligence Organisation; and

                     (b)  in relation to the Australian Secret Intelligence Service--a staff member of the Australian Secret Intelligence Service; and

                     (c)  in relation to the Office of National Intelligence--a staff member of the Office of National Intelligence;

and includes a person who is seconded to an intelligence agency.

"issuing agency " means:

                     (a)  a Commonwealth government issuing agency; or

                     (b)  a non-Commonwealth government issuing agency.

"jurisdiction " means the Commonwealth or a State or Territory of the Commonwealth.

"law enforcement agency " means the following agencies:

                     (a)  the Australian Federal Police;

                     (b)  the Immigration and Border Protection Department;

                     (c)  the ACC;

                     (d)  the Australian Commission for Law Enforcement Integrity;

                     (e)  the Australian Taxation Office;

                      (f)  any other Commonwealth agency specified in the regulations.

"law enforcement officer " means:

                     (a)  in relation to the Australian Federal Police--the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); and

                     (b)  in relation to the Immigration and Border Protection Department--an officer of Customs; and

                     (c)  in relation to the ACC--a member of the staff of the ACC; and

                     (d)  in relation to the Australian Commission for Law Enforcement Integrity--a member of the staff of the Australian Commission for Law Enforcement Integrity; and

                     (e)  in relation to the Australian Taxation Office--a person engaged under the Public Service Act 1999 and performing duties in the Australian Taxation Office; and

                      (f)  in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency --an officer specified in the regulations as an officer of the agency;

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 or a police officer (however described) of another jurisdiction.

"National Witness Protection Program " means the program by that name established by the Witness Protection Act 1994 .

"non-Commonwealth government issuing agency " means a person, body or entity (other than a Commonwealth government issuing agency) that issues evidence of identity and that is named in an authority.

"officer " of an agency, includes a person employed or engaged in the agency.

"originating agency " :

                     (a)  in relation to the transfer of an authority under subsection 15KV(1)--has the meaning given by that subsection; and

                     (b)  in relation to the transfer of an authority under subsection 15KV(2)--has the meaning given by that subsection.

"participating jurisdiction " means a jurisdiction in which a corresponding assumed identity law is in force.

"receiving agency " :

                     (a)  in relation to the transfer of an authority under subsection 15KV(1)--has the meaning given by that subsection; and

                     (b)  in relation to the transfer of an authority under subsection 15KV(2)--has the meaning given by that subsection.

"supervisor " of an authorised civilian means the law enforcement officer or the intelligence officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.

"use " an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the assumed identity to be real when it is not.



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