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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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