South Australian Numbered Acts South Australian Numbered Acts7—Determination of applications
(1) The chief officer
of a law enforcement agency may, on application under section 6 for an
authority, grant the authority subject to such conditions as the chief officer
thinks fit.
(2) The chief officer
may not grant any such authority unless satisfied on reasonable grounds—
(a) that
the assumed identity is necessary for the purposes of an investigation or
intelligence gathering in relation to criminal activity; and
(b) that
the risk of abuse of the assumed identity by the authorised person is minimal;
and
(c) if
the application is for authorisation of an assumed identity for a person who
is not a law enforcement officer—that it would be impossible or
impracticable in the circumstances to authorise the acquisition or use (or
both) of the assumed identity by a law enforcement officer for the purpose
sought.
(3) If an authority is
granted in respect of an authorised civilian, the chief officer must appoint a
law enforcement officer of the agency to supervise the acquisition or use (or
both) of the assumed identity by the authorised civilian.
(4) A
law enforcement officer appointed as supervisor under subsection (3) must
be—
(a) in
the case of SA Police—of or above the rank of Sergeant;
(b) in
the case of the Australian Crime Commission—of or above the rank of
Senior Investigator.
(5) An authority may
also authorise any 1 or more of the following:
(a) an
application for an order for an entry in a register of births, deaths or
marriages under section 12 or a corresponding law;
(b) a
request under section 14 or 23;
(c) the
use of an assumed identity in a participating jurisdiction.
(6) A separate
authority is required for each assumed identity.