Northern Territory Numbered Acts

POLICE (SPECIAL INVESTIGATIVE AND OTHER POWERS) ACT 2015 (NO 4 OF 2015)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds Crown  
   5.      Application of Criminal Code  

   PART 2--CONTROLLED OPERATIONS

           Division 1--Preliminary matters

   6.      Objects of Part  
   7.      Evidentiary matters  
   8.      Definitions  
   9.      When operation is taken to be conducted in Territory  

           Division 2--Authorisation of controlled operations

   10.     Application for authority to conduct controlled operation  
   11.     Determination of application  
   12.     Form of authority  
   13.     Duration of authority  
   14.     Variation of authority  
   15.     Form of variation of authority  
   16.     Cancellation of authority  
   17.     Effect of authority  
   18.     Defect in authority  
   19.     Retrospective authority  

           Division 3--Conduct of controlled operation

              Subdivision 1--Controlled conduct engaged in for authorised operation

   20.     Protection from criminal responsibility for controlled conduct during authorised operation  
   21.     Indemnity for participant against civil liability  
   22.     Effect of sections 20 and 21 on other laws relating to criminal investigation  
   23.     Effect of being unaware of variation or cancellation of authority  
   24.     Protection from criminal responsibility for ancillary conduct  

              Subdivision 2--Compensation and notification of third parties

   25.     Compensation for property loss or serious damage  
   26.     Notification requirements  

              Subdivision 3--Mutual recognition

   27.     Mutual recognition of corresponding authorities  

           Division 4--Compliance and monitoring

              Subdivision 1--Restrictions on use, communication and publication of information

   28.     Unauthorised disclosure of information  

              Subdivision 2--Reporting and record-keeping

   29.     Principal law enforcement officer's report  
   30.     Chief officer's report  
   31.     Annual report by Ombudsman  
   32.     Keeping documents connected with authorised operations  
   33.     General register  

              Subdivision 3--Inspections

   34.     Inspection of records by Ombudsman  

           Division 5--Miscellaneous matters

   35.     DPP to be notified if evidence obtained in authorised operation  
   36.     Evidentiary certificate  
   37.     Evidence of authority  

   PART 3--ASSUMED IDENTITIES

           Division 1--Preliminary matters

   38.     Object of Part  
   39.     Definitions  

           Division 2--Authority for assumed identity

   40.     Application for authority to acquire or use assumed identity  
   41.     Determination of application  
   42.     Form of authority  
   43.     Period of authority  
   44.     Variation or cancellation of authority  
   45.     Review of authority  

           Division 3--Evidence of assumed identity

   46.     Making entry in register of births, deaths or marriages  
   47.     Cancelling entry in register of births, deaths or marriages  
   48.     Cancelling entry in register of births, deaths or marriages of another jurisdiction  
   49.     Restriction about access to application about entry in register  
   50.     Request for evidence of assumed identity  
   51.     Government issuing agency to comply with request  
   52.     Non-government issuing agency may comply with request  
   53.     Cancellation of evidence of assumed identity  
   54.     Protection from criminal liability – officer of issuing agency  
   55.     Indemnity for issuing agency and officers  
   56.     Lawfulness of activities in relation to assumed name  

           Division 4--Effect of authority

   57.     Assumed identity may be acquired and used  
   58.     Protection from criminal liability – authorised persons  
   59.     Indemnity for authorised person  
   60.     Particular qualifications  
   61.     Effect of being unaware of variation or cancellation of authority  

           Division 5--Mutual recognition under corresponding law

   62.     Request to participating jurisdiction for evidence of assumed identity  
   63.     Request from participating jurisdiction for evidence of assumed identity  
   64.     Direction from participating jurisdiction to cancel evidence of assumed identity  
   65.     Indemnity for issuing agency and officers  
   66.     Application of Part to corresponding authority  

           Division 6--Compliance and monitoring

              Subdivision 1--Misuse of assumed identity and information

   67.     Misuse of assumed identity  
   68.     Disclosing information about assumed identity  

              Subdivision 2--Reporting and record-keeping

   69.     Reports about authorities for assumed identities etc.  
   70.     Record keeping  
   71.     Audit of records  

   PART 4--WITNESS IDENTITY PROTECTION

           Division 1--Preliminary matters

   72.     Object of Part  
   73.     Definitions  
   74.     Party may act through lawyer  

           Division 2--Witness identity protection certificate for operative

   75.     Application of Division  
   76.     Witness identity protection certificate  
   77.     Form of witness identity protection certificate  
   78.     Filing and notification  
   79.     Effect of witness identity protection certificate  
   80.     Orders to protect operative's identity etc.  
   81.     Disclosure of operative's identity etc. despite certificate  
   82.     Directions to jury  
   83.     Witness identity protection certificate – cancellation  
   84.     Permission to provide information disclosing operative's identity etc.  
   85.     Disclosure offences  
   86.     Report about witness identity protection certificate  

           Division 3--Evidence by people in witness protection program

   87.     Definitions  
   88.     Non-disclosure certificates  
   89.     What non-disclosure certificate must state  
   90.     Effect of non-disclosure certificate  
   91.     Disclosure of protected person's identity despite certificate  

           Division 4--Mutual recognition under corresponding laws

   92.     Recognition of witness identity protection certificates under corresponding laws  
   93.     Recognition of non-disclosure certificates under corresponding laws  

   PART 5--ADMINISTRATIVE MATTERS

   94.     Confidentiality  
   95.     Delegation  
   96.     Regulations  

   PART 6--CONSEQUENTIAL AMENDMENT OF INFORMATION ACT

   97.     Act amended  
   98.     Section 46 amended  
   99.     Expiry of Part