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WITNESS PROTECTION ACT 1991 - SECT 9H

Authority to acquire and use assumed identity

    (1)     After considering an application for an authority to acquire or use an assumed identity, and any additional information under section 9G(3), the Chief Commissioner

        (a)     may grant an authority to acquire and use the assumed identity, either unconditionally or subject to conditions; or

        (b)     may refuse the application.

    (2)     The Chief Commissioner may grant an authority to acquire and use an assumed identity only if he or she is satisfied that the assumed identity is needed urgently to protect the safety or welfare of the person in respect of whom the application is made.

S. 9H(3) amended by No. 43/2014 s. 37(c).

    (3)     If an authority is granted, the Chief Commissioner must appoint a police officer of or above the rank of sergeant to supervise the acquisition and use of the assumed identity.

    (4)     An authority—

        (a)     must be in writing; and

        (b)     must be signed by the person granting it; and

Note

The authority may be granted by the Chief Commissioner or a delegate of the Chief Commissioner—see section 23A.

        (c)     must state

              (i)     the name of the person granting the authority; and

              (ii)     the date of the authority; and

              (iii)     the name of the person authorised to acquire and use an assumed identity; and

              (iv)     the name and rank of the person's supervisor; and

              (v)     details of the assumed identity authorised; and

              (vi)     details of any evidence of the assumed identity that may be acquired under the authority; and

              (vii)     the conditions (if any) to which the authority is subject; and

              (viii)     the period for which the authority will remain in force, which must not exceed 3 months.

    (5)     An authorised person may acquire or use (or both) an assumed identity if the acquisition or use (or both) is in accordance with—

        (a)     an authority; and

        (b)     any direction given by the person's supervisor.

S. 9I inserted by No. 43/2014 s. 16.



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