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CRIMES ACT 1914 - SECT 15KE

Variation or cancellation of authority

  (1)   The chief officer of an agency:

  (a)   may, at any time, vary or cancel an authority that was granted by the chief officer of the agency; and

  (b)   must cancel the authority if the chief officer is satisfied (on a review under section   15KF or otherwise) that use of the assumed identity is no longer necessary.

Note:   Section   15KW modifies the effect of this provision if control of the authority is transferred.

  (2)   The chief officer must give written notice of the variation or cancellation to:

  (a)   where practicable, the authorised person to whom it relates; and

  (b)   if the authorised person is an authorised civilian--the authorised person's supervisor.

  (3)   The notice must state why the authority is varied or cancelled.

  (4)   The variation or cancellation takes effect:

  (a)   if the written notice is given to the authorised person and the authorised person is not an authorised civilian--on the day the written notice is given to the authorised person or, if a later day is stated in the notice, on the later day; or

  (b)   if the authorised person is an authorised civilian and the written notice is given to the authorised person's supervisor--on the day the written notice is given to the authorised person's supervisor or, if a later day is stated in the notice, on the later day; or

  (c)   in any other case--on the day stated in the notice.

Note 1:   The chief officer may delegate functions under this section--see section   15LH.

Note 2:   Despite the variation or cancellation of an authority, a person is, in certain circumstances, protected from prosecution for offences even if the person is unaware of the variation or cancellation--see section   15KU.

  (5)   A variation of an authority is not a legislative instrument.


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